■:.    \\ 


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UC-NRLF 


B   M   17b   m3 


INSTRUCTIONS 


TO 


UNITED  STATES  MARSHALS,  ATTORNEYS, 
CLERKS,  AND  COMMISSIONERS 


JUNE  I,  1916 


'  i 


^ 


INSTRUCTIONS 

TO 

UNITED  STATES  MARSHALS,  ATTORNEYS, 
CLERKS,  AND  COMMISSIONERS 


[NOT  APPLICABLE  TO  OFFICIALS  IN 
ALASKA,  PORTO  RICO,  THE  CANAL 
ZONE,  OR  THE  PHILIPPINE  ISLANDS] 


JUNE  1,  1916 


Sec.  362,  R.  S.  The  Attorney  General  shall  exercise  general 
superintendence  and  direction  over  the  attorneys  and  marshals 
of  all  the  districts  In  the  United  States  and  the  Territories 
as  to  the  manner  of  discharging  their  respective  duties,  and 
the  several  district  attorneys  and  marshals  are  required  to 
report  to  the  Attorney  General  an  account  of  their  official  pro- 
ceedings and  of  the  state  and  condition  of  their  respective 
offices  in  such  time  and  manner  as  the  Attorney  General  may 
direct. 

Sec.  308,  R.  S.  The  Attorney  General  shall  exercise  general 
supervisory  powers  over  the  accounts  of  district  attorneys, 
marshals,  clerks,  and  other  officers  of  the  courts  of  the  United 
States. 


WASHINGTON 
GOVERNMENT  PRINTING  OFFICE 

1916 


To  United  States  marshals,  attorn'ys,  clerics,  and  commissicners 
(oilier  than  in  the  Districts  of  Alaska,  Porto  Rico,  The  Canal  Zone, 
and  the  Philippine  Islands): 

In  the  execution  of  your  official  duties  the  instructions  herein  given 
will  be  your  guide.  They  supersede  former  instructions;  become 
effective  June  1,  1916,  and  remain  effective  until  reissued,  excepting 
in  so  far  as  they  may  be  modified  from  time  to  time  by  later  legisla- 
tion, decisions  of  the  courts,  or  the  Comptroller  of  tlie  Treasury,  and 
departmental  circulars. 
Respectfully, 

Thomas  W.  Gkegory, 

Attorney  General 
3 


338601 


CONTENTS. 


PART  ONE. 

(GENERAL  INSTRUCTIONS. 

Page. 

Persoual  attentiun  to  otticial  duties i3 

Rules  for  official  correspondence l-'i 

Telegrams  and  long-distance  telephone  messages 14 

General  instructions 14 

Vouchers 14 

Oaths  to  expeuse  accounts  against  the  United  States "' 15 

Stationery  and  miscellaneous  supplies 15 

General  instnictions 15 

Blank  forms  and  dockets 16 

Ink,  mucilage,  and  paste 16 

Records  of  Government  property 16 

Sales  of  Government  property  not  in  litigation 16 

Leave  of  absence  from  duty 17 

Judges'  stenographers  and  messengers 17 

Expenses  of  taking  jury  to  view  lands 18 

Extradition  of  fugitives  from  the  United  States  in  foreign  jiirisdiction 18 

Essentials  preliminary  to  institution  of  proceedings 18 

Where  extradition  treaties  may  be  found 19 

Provisional  detention - 19 

Arrest  and  provisional  detention  effected 19 

Necessity  of  expedition  in  submission  of  papers 20 

The  application  for  surrender ^  -  20 

The  selection  of  the  agent  of  the  United  States 21 

Papers  to  accompany  the  application  for  extradition 21 

Indictment 21 

Warrant  of  arrest 21 

The  evidence  supporting  the  charges  in  the  indictment 21 

The  official  identity  of  the  clerk  established 22 

Affidavits  before  State  officers -■ 22 

Cases  in  which  indictment  may  not  have  been  tiled 22 

Proceedings  begun  after  conviction 23 

Obligations  imposed  upon  the  United  States  by  treaty 24 

Expenses  of  service  of  process  by  agent  of  the  United  States 25 

PART  TWO. 

INSTRUCTIONS  TO   UNITED   STATES   MARSHALS. 
Chapter  I. 

APPOINTMENT,    QUALIFICATION,    POWERS,    DUTIES,    AND    COMPENSATION    OF    MARvSHALS 
AND   THEIR   DEPUTIES. 

Marshals: 

Appointment  and  induction  into  office 27 

Official  bonds  and  oath  of  office 28-29 

v6 


6  CONTENTS. 

Marshals — Continued.  I'age. 

Reappointment 29 

Term  of  office— vacancies 30 

Powers  and  duties 31 

Official  residence 31 

Retiring  marshal 32 

Compensation 32 

Salaried  deputies: 

Authorization  and  appointment 33 

Oath  of  office 34 

Termination  of  services  and  other  changes 34 

Duties 35 

Compensation 35 

Fee  deputies: 

Appointment 35 

Oath  of  office 36 

Term  of  office 36 

Comi)ensation 36 

Chapter  fl. 

JUDICIARY   AND    OTHER    FUNDS. 

Judiciary  ai)piopriation  funds  advanced  on  requisition 37 

Deposits: 

General  instructions 38 

When  made  into  nonchecking  account 39 

Wlien  made  into  checking  account 39 

Method  of  making 39 

Reporting  and  recording 40 

Disbursements: 

General  instructions — checks,  etc 41 

Outstanding  and  returned  checks 43 

In  cash 44 

Advances  by  marshals .< 45 

Weekly  reports  of  receipts  and  disbursements. . .- 45 

Income-tax  deductions 46 

.Moneys  other  than  judiciary  ai)pn)))riati()ii  and  iiudnic-tax  tuiuis 48 

Chaptkk   III. 

SKKVICE    OK    I'KOCESS. 

General  instructions 49 

Docketing,  delivering,  and  rejjorting  service  of  writs 49 

Procedure  in  serving 50 

Summoning  jurors 51 

Reports  invohing  property  interests  of   the  Government,  and  collectiot\s  of 

revenues  and  debts  due  the  United  States 52 

Resistance  or  ilcliiuicc  of  Federal  autliorily-    Special  deputies    -Possemen 53 

CUArTKH    I\'. 
HOOKS    AND    RECORDS. 

General  instructions 54 

United  States  Funds  Rook 54 

(■ash  book 60 


CONTENTS.  / 

Page. 

Dockets 61 

Ledger ■  -  ■  ^6 

Register  of  United  States  Prisoners Following. .  75 

Files  and  Memorandum  Records 76 

Chapter  V. 

ACCOUNTS,    EARNINGS,    SALARIES,    EXPENSES,    AND    FEES    PAYABLE,    AND    APPROPRIA- 
TIONS  CHARGEABLE. 

rage. 

General  instructions '^'^ 

Defining  actual  payments,  etc 77 

Rendition  and  approval 77 

Fiscal  year  and  appropriation 78 

Preparation  of — general  instructions 78 

Accounts  current ^^ 

General  abstracts ^^ 

Explanations,  suspensions,  disallowances,  and  requests  for  decisions  from 

the  comptroller °-'- 

Payment  to  intestate  decedents 81 

Fees  and  costs  in  extradition  cases.     (Fugitives  from  foreign  jurisdiction) 81 

Earnings  from  individuals  and  corporations 82 

Payment  of  judicial  and  other  salaries 84 

General  instructions 84 

Vouchers  and  abstracts 84 

Computing  and  withholding  salaries 85 

Office  expenses 86 

Extraordinary  expenses 87 

The  appropriation  "  Salaries,  Fees  and  Expenses  of  Marshals" 87 

General  instructions 87 

Abstract  of  vouchers 88 

Fees  and  expenses  of  marshals  and  deputies 88 

Voucliers;  general  instructions  as  to  preparation 89 

Vouchers;  general  instructions  as  to  charges,  special  features,  and  payments  90 

Abstract  of  voucher ^^ 


Affidavit. 


Receipts ^^ 

Guards ^2 

Feeding  prisoners  in  marshal 's  custody 93 

Keeping  personal  property— compensation  and  expenses 93 

Expenses  of  travel  and  subsistence  of  marshals  and  salaried  deputies- 
General  instructions 94 

Subsistence  items. 94 

Travel  items ^ 95 

Transporting  convicts 96 

Fees  and  expenses  of  fee  deputies — 

General  instructions  as  to  compensation 96 

Maximum  compensation  and  its  computation 97 

Mileage — 

General  instructions 97 

Transporting  defendants  for  hearing 98 

Chinese  cases 98 

Miscellaneous  regulations  go\  erning 98 

Actual  expenses  in  lieu  of  mileage 99 

Expenses  endeavoring  to  arrest 100 


8  CONTENTS. 

Fees  and  expenses  of  marshals  and  deputies — Continued. 
Fees  and  expenses  of  fee  deputies— Continued. 

Service  fees —  Page. 

General  and  miscellaueou.s 100 

Serving  warrants  and  other  like  writs 100 

Attendance  before  commissioners 101 

Servin.^  subp  jjnas,  venires,  etc 102 

Co.nmitting  and  discharging  prisoners 102 

Fees  and  expenses  in  admiralty  cases 103 

Fee  bill 103 

Fees  of  jurors: 

General  instructions 104 

Per  diems. 105 

Mileage 105 

Vouchers,  abstracts,  and  analyses 105 

Fees  of  witnesses: 

General  instructions 106 

Per  diems  and  mileage 106 

Actual  expenses  of  witnesses 107 

Special  provisions  as  to  seamen  et  al 108 

Witnesses  before  commissioners 109 

Detained  witnesses 109 

Vouchers,  abstracts,  and  analyses 109 

Miscellaneous  matters 110 

Advances  to  witnesses Ill 

Prisoners: 

Transportation,  guarding,  and  delivery  of  prii-onert^  to  successor  in  office. . .  112 

Reports  of  the  commitniPTit  and  release  of  prisoners 112 

Support  of  prisoners 113 

Chinese  prisoners 114 

Vouchers,  abstracts,  and  analyses 115 

Pay  of  bailiffs,  criers,  jury  commissioners,  anfl  expenses  of  judges: 

General  instructions 116 

Bailiffs  and  criers i 116 

Expenses  of  judges 117 

Meals  and  lodging  for  jurors 117 

Jury  commissioners 118 

The  appropriation,  "Miscellaneous  expenses.  United  States  Courts": 

General  instructions 118 

Vouchers,  ab.stracts,  and  analyses 118 

Advertising  and  publication  of  notices 119 

The  appropriation,  "Salaries  and  expenses  of  District  Attorneys,  United  States 

Courts  " ' 119 

Chaptkr  VI. 

.     MISCELLANEOUH    MATTERS. 

Claims 121 

Assignment  of  claims 122 

Services  and  sui)plies  for  court  rooms  and  offices  in  Federal  buildings 122 

Transfer  of  Government  j)roperty  from  rented  to  Federal  buildings 122 

Leased  or  rented  buildings: 

Renting  or  leasing 123 

Supervision  of 123 

Repairs  or  alterations  of 124 

Services  and  equipment ". 124 

Hills  for  rent 124 


CONTENTS.  9 
PART  THREE. 

INSTRUCTIONS  TO  UNITED  STATES  DISTRICT  ATTORNEYS. 
Chapter  I. 

ADMINISTRATIVE    AM)    FISCAL    MATTERS. 

District  Attorneys:  I'^fJ*^- 

Appointment  and  induction  into  office 125 

Official  residence ^ -^ 

Term  of  office — vacancies 12) 

Compensation 126 

Regular  Assistants  to  District  Attorneys: 

Appointment  and  oath 127 

Official  residence 128 

Term  of  office 128 

Special  Assistants  to  District  Attorneys  and  to  the  Attorney  General 128 

Clerks  to  United  States  District  Attorneys: 

Employment  and  oath •  129 

Term  of  service — vacancies 129 

Messengers  to  District  Attorneys 130 

Approval  of  accounts 130 

Traveling  expenses  of  District  Attorneys,  their  assistants  and  clerks 130 

Office  expenses 132 

Special  expenses  of  conducting  particular  cases: 

General  instructions 132 

Stenographers  to  report  proceedings 133 

Interpreters 133 

Experts  and  other  special  employees 134 

Printing  Records  and  Briefs 135 

Expense  of  abstracts  of  title  (see  also  page  143) 135 

Office  Files  and  Records 135 

Dockets 136 

Docket  Reports 137 

Administrative  Foresight  and  Economy 138 

Witnesses— advances  to  (see  page  111). 

Chapter  II. 

LEGAL   MATTERS. 

Duties 139 

Attention  to  Private  Business 141 

Dismissing  Criminal  Cases 142 

Pleas  of  Nolo  Contendere 142 

Suspended  Sentences 142 

Indictment 142 

Taxation  of  Costs 143 

Imposition  of  Sentence  and  Hearing  of  Naturalization  Cases 143 

Abstracts  of  Title  (see  also  page  135) 143 

Bail  in  Criminal  Cases 143 

Approval  of  Pleadings 143 

Antitrust  Cases 143 

Chinese  Exclusion  Cases 144 


10  CONTENTS. 

Page 

Institution  and  Defense  of  Civil   Suits  and  Reports  relating  thereto 144 

Suits  against  the  United  States 145 

Appeals  and  Writs  of  Error 145 

Appliratiotis  for  Exocutivo  riemency 150 

PART  FOUR. 

INSTRUCTIONS  TO   CLERKS   OF   UNITED   STATES   COURTS. 

Appointment  and  qualification: 

Appointment 151 

Oath 151 

Bonds 152 

Examination  and  renewal  of  bonds 152 

Deputy  clerks  and  office  assistants ." 152 

Reporting  civil  suits  and  protecting  property  interests  of  the  United  States. . .  153 

Comjiensation 154 

Accounts: 

General  instructions 154 

Affidavit  and  approval 156 

Explanations,  suspensions,  disallowances,  and  requests  for  decisions  from 

the  comptrolle  r 157 

Emolument  returns 157 

Emolument  returns  of  clerks  of  Circuit  Courts  of  Appeals 158 

O.fice  expenses 158 

Expense  accounts  of  deputy  clerks 160 

Bankruptcy: 

General  instructions '  160 

Notices  to  parties  not  to  appear ICO 

Notice  of  final  discharge 161 

Commissions lt>l 

Filing  fee 161 

Partnership  proceeding 161 

Pauper  cases  -  -fees  subsequently  collected 4 161 

Poor  suitors 161 

Fees: 

Fee  bill 162 

Decisions  relating  to  fees Ifi3 

Printing  briefs,  records,  court  calendars,  etc 169 

Recording  and  reporting  appointments,  etc.,  of  commissioners 170 

Miscellaneous  matters 170 

Seamen's  wage  cases 171 

Record  books  (other  than  those  supplied  by  the  department) 172 

Record  books  funiished  upon  requisition 172 

Cashbook 173 

Civil,  Criminal ,  and  Bankruptcy  Dockets 174 

Official  Funds: 

Public  Moneys  of  the  United  States 180 

Moneys  paid  into  court 181 

Wages,  etc.,  of  deceased  and  deserting  seamen 182 

Other  Monevs 183 


CONTENTS.  11 

Keports  of  Official  Moneys:  ^'^^^^ 

To  the  Court 184 

To  the  Attorney  General 184 

To  the  Treasurer  of  the  United  States 185 

Retiring  Clerk 186 

Issuance  of  Applications  for  Passports 186 

PART  FIVE. 

INSTRUCTIONS  TO  UNITED  STATES  COMMISSIONERS. 

Appointment,  oath  and  seal 190 

Accounts: 

Preparation  of 1^1 

'  Supplemental 192 

Affidavit  to 193 

Approval  by  the  court 193 

Fees: 

Fee  bill 194 

Complaints 195 

Warrants 196 

Bonds  and  commitments 197 

Witnesses 198 

Hearings 200 

Continuances 201 

Discharge  of  poor  convicts 2C 1 

Transcripts 2C3 

Miscellaneous  matters 203 

Extradition  cases 206 

Chinese  exclusion  cases 207 

Dockets  and  papers 2C8 

Explanations 208 

Appeals  to,  and  Requests  for  Decisions  from,  The  Comptroller 209 


PART  ONE. 
GENERAL  INSTRUCTIONS. 

Note.     Applicable  more  or  less  generally  to  various  officials  aud  employees. 


Page. 

Personal  attention  to  official  duties 13 

Rules  for  oflicial  correspondence 13 

Telegrams  and  long-distance  telephone  messages 14 

Oaths  to  expense  accounts  agair.st  the  United  States 15 

Stationery  and  miscellaneous  supplies -  15 

Records  of  Government  property 16 

Sales  of  Government  property  not  in  litigation 16 

Leave  of  a"  sence  from  duty 17 

Judges '  stenographers  and  messengers 17 

Taking  jury  to  view  lands — Expenses  of 18 

Extradition  of  fugitives  from  the  United  States  in  foreign  jurisdiction 18 

PERSONAL  ATTENTION  TO  BE  GIVEN  TO  OFFICIAL  DUTIES. 

1.  That  every  clerk  of  the  district  court  of  the  United  States, 
United  States  marshal,  or  United  States  district  attorney  shall  reside 
permanently  in  the  district  where  his  official  duties  are  to  be  per- 
formed, and  shall  give  his  personal  attention  thereto;  and  in  case 
any  sucli  officer  shall  remove  from  his  district,  or  shall  fail  to  give 
pei-sonal  attention  to  the  duties  of  his  office  excepting  in  case  of  sick- 
ness, such  office  shall  be  deemed  vacant:  Provided,  That  in  the 
Southern  District  of  New  York  said  officers  may  reside  within  20 
miles  of  their  (Ustricts.     (See  Act  of  June  20,  1874,  18  Stat.  L..  109.) 

RULES    FOR    OFFICIAL    CORRESPONDENCE    WITH    THE 
DEPARTMENT. 

2.  Address  the  head  of  a  department  or  bureau  (in  letters  and 
telegrams)  by  title,  not  by  name,  thus:  "The  Attorney  General." 
Do  not  use  the  word  "acting"  in  addressing  any  official. 

3.  Confine  each  communication  to  one  subject  or  case;  and 
whenever  a  case  is  the  subject  of  a  comjuunication,  state  both  the  title 
in  full  and  the  nature. 

4.  In  replying  to  a  communication  from  the  Department  of 
Justice,  mention  its  date,  and  quote  the  initials  and  file  number, 
in  the  upper  left-hand  corner  of  the  first  page. 

13 


14  GENERAL   INSTRUCTIONS. 

TELEGRAMS   AND  LONG-DISTANCE  TELEPHONE  MESSAGES. 

GENERAL  INSTRUCTIONS. 

5.  Jjtlgment  and  discretion  must  be  observed  in  the  use  of  the 
w.'re,  both  in  the  matter  of  determining  whether  any  real  necessity- 
exists  for  its  use  on  a  given  occasion  and  in  the  matter  of  making 
messages  as  brief  as  possible.  Charges  for  manifestly  unnecessary 
or  uselessly  extended  messages  are  subject  to  disapproval  and 
ultimate  disallowance. 

6.  The  cost  of  messages  sent  on  official  business  only  is  charge- 
able against  the  Government.  Each  telegram  should  be  marked 
"Official  business,"  a  copy  retained  for  vouchering,  and  payment 
therefor  made  in  accordance  with  Government  rates,  as  fixed  annually 
by  the  Postmaster  General.  Schedules  showing  such  rates  should  be 
procured  by  application,  to  the  Chief  Clerk,  Postoffice  Department, 
Washington,  D.  C. 

7.  In  counting  the  words  of  a  telegram,  exclude  the  date  and  place 
from  which  sent,  and  count  the  entire  name  of  a  city,  town,  village, 
State  or  Territory  as  one  word. 

8.  The  cost  of  telegrams  and  long-distance  telephone  messages  is 
payable  as  follows : 

(a)  When  sent  by  a  judge,  on  purely  judicial  business;  by  the  marshal,  from.  "Mis- 
cellaneous Expenses,  U.  S.  Courts." 

(6)  When  sent  by  a  district  attorney,  or  any  of  his  regular  assistants,  on  official  busi- 
ness; by  the  marshal,  from  ' '  Salaries  and  Expenses  of  District  Attorneys,  U.  S.  Courts." 
(Office  expens38.) 

(c)  When  S3nt  by  the  marshal,  or  any  of  his  deputies,  on  official  buoiness;  by  tho 
marshal,  from  "Salaries,  Fees,  and  Expenses  of  Marshals,  U.  S.  Courts."  (Office 
expensss.) 

(d)  When  ssnt  by  the  clerk  of  the  court,  on  business  of  the  Gierke's  office;  by  the 
clerk,  from  his  emoluments;  if  on  court  business  as  in  Paragraph  8-(a). 

(e)  When  sent  by  United  States  commissioners;  by  the  commissioner,  from  private 
resDurces. 

(/)  When  pertaining  to  leave  of  absence  from  (Uity;  by  the  ssnder,  from  private 
resources.     (See  6th  Comp.,  422.) 

(g)  When  sent  under  ordinary  circumstances,  to  reserve  rooms  or  other  accommoda- 
tions; by  the  sender,  from  private  resources.     (See  21  Comp.,  292.) 

(h)  When  sent  by  the  Department  of  Justice;  from  contingent  or  special  funds  not 
disbursed  by  marshals. 

VOUCHERS. 

9.  Payments  by  marshals  covering  telegrams  and  long-distance  tel- 
ephone messages  should  be  vouchcred  in  duplicate  on  Forms  177  and 
178,  respectively.  All  companies  should  be  requested  to  render  bills 
promptly  at  tlio  close  of  each  month.  ^Vll  information  contemplated 
by  the  forms  should  be  shown  thereon.  The  first  certificate  should  be 
signed  by  the  local  representative  of  the  company  claiming  payment, 
and  the  second  by  the  administrative  officer  having  knowledge  of 
the  facts  and  the  necessity  for  the  messages. 


GENERAL   INSTRUCTIONS.  15 

10.  Copies  of  telegrams  must  accompany  the  vouchers.  In  excep- 
tional cases,  wliere  it  would  be  prejudicial  to  the  public  interests 
to  have  a  message  exposed,  the  filing  of  a  copy  may  be  waived, 
provided  information  is  furnished  which  will  enable  the  Attorney 
General  to  certify  to  its  confidential  nature.     (See  4th  Comp.,  233.) 

11.  If  a  telegram  is  sent  over  more  than  one  line,  the  names  of 
the  lines  and  the  cost  over  each  must  be  shown  on  the  voucher.  If 
charge  is  made  for  telephone  service  in  connection  with  a  telegram, 
this  fact  must  be  stated  on  the  voucher  and  the  additional  cost 
specified. 

12.  The  company  which  can  reach  directly  over  its  own  lines  the 
point  to  which  a  telegram  is  to  be  sent  must  be  used  in  every 
instance  in  preference  to  any  other  company. 

OATHS  TO  EXPENSE  ACCOUNTS  AGAINST  THE  UNITED   STATES. 

13.  The  following  officials  and  clerks  are  authorized  and  required 
under  section  8  of  the  act  of  August  24,  1912,  to  administer  oaths  to 
expense  accounts  against  the  United  States  without  charge — 

(a)  Postmasters  and  assistant  postmasters. 

(6)  Collectors  of  customs  and  of  internal  revenue. 

(c)  Chief  clerks  of  departments  and  bureaus,  or  clerks  designated 
by  them. 

(d)  Superintendents,  acting  superintendents,  custodians  and  prin- 
cipal clerks  of  Government  reservations,  and  Indian  superintend- 
encies  or  agencies. 

(e)  Chiefs  of  field  parties. 

STATIONERY  AND  MISCELLANEOUS  SUPPLIES. 
GENERAL  INSTRUCTIONS. 

14.  Stationery  and  miscellaneous  supphes  will  be  furnished  directly 
from  the  Department  of  Justice  for  judges,  attorneys,  marshals,  and 
for  use  in  court  rooms.  Only  those  supplies  necessary  to  the  expe- 
ditious transaction  of  public  business  should  be  requisitioned.  No 
freight  charges  should  be  paid  on  supplies  shipped  from  the  depart- 
ment. 

15.  Use  Form  17A  in  making  requisitions  for  such  supplies.  The 
instructions  printed  upon  the  form  must  be  carefully  observed.  Give 
all  needed  data.  Samples  of  articles  which  may  not  be  easily  described 
should  be  attached  to  the  requisition. 

16.  Separate  requests  should  be  made  by  each  official.  They 
should  cover  the  estimated  needs  for  a  period  of  six  months.  Sixty 
days  should  be  allowed  for  the  delivery  of  printed  envelopes,  45 
days  for  letterheads,  and  30  days  for  aQ  other  articles. 

17.  The  law  requires  aU  blanks  and  letterheads  for  judges  and 
other  court  officials  (unless  the  expense  is  payable  from  emoluments), 


16  C;  FN  ERA  I,    INSTHUCTIONS. 

to  be  printed  at  the  Governiueut  Printing  Office  upon  forms  pre- 
scribed by  the  Department  of  Justice.  (See  28  Stat.  L.,  624.)  The 
names  of  officials,  excepting  judges,  will  be  omitted  from  letterheads, 
envelopes,  and  blanks. 

BLANK  FORMS  AND  DOCKETS. 

18.  The  forms  in  use  l)y  court  officials  and  the  dockets  ftiriiisluul 
})y  the  (h^partme.nt  are  listed  in  a  separate  pul)licatioi\. 

INK,   MUCILAGE,   AND  PASTE. 

19.  Such  supplies  can  only  be  shipped  (Uu'ing  warm  weather. 
Annually  about  May  15  each  marshal  will  make  requisition  on  Form 
17A  for  the  mucilage,  paste,  and  various  inks  which  will  be  needed 
by  the  judges,  attorney's  ofhce,  marshal's  ofTice,  an<l  for  court  pur- 
poses during  the  fiscal  year  begimiing  July  1  foUowing. 

20.  Such  requisitions  should  show  separately  the  quantity  of  each 
item  on  hand  and  the  additiouiil  quantity  required  for  each  officer 
and  for  court  purposes. 

21.  Shipments  wnll  be  made  on  quartermaster's  bill  of  lading  to  the 
marshal,  wlio  will  cause  proper  distribution  to  be  made. 

RECORDS  OF  GOVERNMENT  PROPERTY. 

22.  AU  Government  property  (other  than  stationery  and  fu(^l) 
should  be  listed  of  record  in  the  office  of  the  ofFudal  m  whose  custody 
it  may  be  and  who  will  be  held  responsible  therefor.  Additional  arti- 
cles received  from  time  to  time  should  be  added  to  the  record,  and 
articles  authorized  to  be  dropped  should  be  eliminated,  with  nota- 
tion of  the  cause.  (See  sec.  197,  R.  S.  U.  S.,  and  Sup.  R.  S.,  vol.  2, 
p.  174.) 

23.  In  order  to  fix  responsibility  for  the  possible  loss  of  accounta- 
ble property  of  the  Government,  officials  should  keep  a  memorandum 
record  of  all  such  property  located  at  points  other  than  general  head- 
quarters where  an  office  is  maintained,  charging  it  to  the  subordinate 
official  or  employe  in  cliarge  at  such  point. 

SALE  OF  GOVERNMENT  PROPERTY  NOT  IN  LITIGATION. 

24.  Old  material  or  other  Government  projx'i-ty  not  involved  in 
suits  should  be  sold  only  imder  authority  from  tlie  Dc^partment  of 
Justice,  The  net  proceeds  of  such  sales  should  be  dej)osit<Hl  directly 
witli  the  Treasurer  of  the  IJnitcul  States.     (See  i)ar.  143  and  146(d). ~) 

25.  There  may  be  paid  from  the  proceeds  of  the  sale  o{  old  nia.te- 
rial  only  tlu^  expenses  (hi-ectly  jxrtaining  to  the  sale^  such  as  auc- 
tioneer's fees,  cartage  to  plnce  of  sah\  etc.  Sueli  ex])cnses  must  be 
fully  itemized  and  supported  by  proper  vouchers.  (See  act  of  June 
S.   1896.  ami  3  Gomp.  149  ami  190.) 


GENEKAL  INSTRUCTIONS.  17 

LEAVE  OF  ABSENCE  FROM  DUTY. 

26.  Leave  of  absence  from  duty  for  marshals  and  district  attor- 
neys rests  entirely  in  the  discretion  of  the  Attorney  General.  Appli- 
cation therefor  should  be  made  only  when  it  may  be  granted  with  a 
minimum  interference  to  the  public  service.  (See  20  Op.  Atty. 
Gen.,  728.) 

27.  If  the  public  service  permits,  marshals  may  grant  salaried 
deputies  and  United  States  attorneys  may  grant  their  regular 
assistants  and  clerks  leave  of  absence  from  duty  not  exceeding 
30  days  in  any  calendar  year.  They  may  also,  in  cases  of  sickness  or 
unavoidable  incapacity,  grant  such  employees  sick  leave  not  exceed- 
ing 30  days  in  any  calendar  year.  (See  30  Stat.  L.,  316,  653,  and 
890;  20  dp.  Atty.  Gen.,  303  and  607;  22  Op.  Atty.  Gen.,  77-82.) 

28.  A  deputy  marshal,  assistant  attorney,  or  clerk  employed  during 
a  portion  of  a  calendar  year  may  be  granted  leave'  only  at  the  rate 
of  two  and  one-half  days  per  month. 

29.  Proper  deduction  should  be  made  from  salaries  covering  un- 
authorized absence  from  duty. 

30.  Leave  is  not  cumulative.  Employees  who  are  prevented  by  the 
requirements  of  the  service  or  otherwise  from  availing  themselves 
of  the  regular  annual  leave  will  not  })e  entitled  to  it  or  any  portion 
thereof  in  a  subsequent  year.  Leave  to  be  used  in  a  given  year  and 
charged  to  a  subsequent  year  can  not  be  granted. 

31.  Sundays,  legal  holidays,  and  holidays  by  Executive  order  will 
be  charged  against  the  employee  only  in  leave  without  pay. 

32.  When  an  employee  has  been  exposed  to  a  contagious  disease 
for  which  the  medical  authorities  quarantine  the  patient,  he  should 
immediately  file  a  certificate  from  the  attending  physician  or  proper 
health  authority  stating  that  in  his  judgment  the  presence  of  the 
employee  in  the  office  would  jeopardize  the  health  of  fellow  clerks. 
Application  for  leave  with  pay  for  the  time  lost  must  be  accompanied 
by  a  certificate  from  the  health  office  showing  that  a  case  of  conta- 
gion existed  on  the  premises  during  the  time  covered  by  the  applica- 
tion; and  the  attending  physician  must  certify  that  all  danger  from 
contagion  has  passed. 

33.  Leave  without  pay  may  be  granted  oidy  when  in  the  opinion 
of  the  head  of  the  office  the  public  business  will  not  suffer  and  when 
reasonable  cause  is  shown. 

JUDGES'  STENOGRAPHERS  AND  MESSENGERS. 

34.  Stenographers  and  messengers  for  judges  may  be  employed 
and  paid  from  the  appropriation  "Miscellaneous  expenses.  United 
States  courts, "  only  when  authorized  by  the  Attorney  General.  Such 
employees  are  payable  by  the  marshal  upon  vouchers  certified  by 
the  judge  for  whom  the  service  was  rendered. 

895—16 2 


18  (JKXKKAI.    INSTRUCTIONS. 

35.  Every  change  in  the  person  employed  under  a  orivon  juithoriza- 
tion  should  bo  promptly  reported  to  the  department. 

36.  The  services  of  messengers  and  stenograpliers  to  judges  ter- 
minate with  those  of  the  judges.  In  case  of  the  death  of  a  judge, 
however,  his  stenographer  is  hereby  authorized  to  remain  on  duty 
for  a  reasonable  time  to  arrange  papers,  records,  etc.,  for  the  incom- 
ing judge.  It  must  be  aflirmatively  shown  that  services  were  actually 
rendered  subsequent  to  the  death  of  tlie  judge  to  entitle  the  stenogra- 
pher to  compensation  therefor. 

37.  Near  the  close  of  each  fiscal  year,  judges  who  desire  to  have 
their  si enogra pliers  accompany  them  away  from  headquartei-s  to  the 
various  places  of  holding  court  within  the  district,  to  aid  in  the  dis- 
patch of  public  business  during  the  approaching  fiscal  year,  should 
make  application  to  the  Department  on  Form  25B,  for  the  authoriza- 
tion of  such  expense. 

EXPENSES  OF  TAKING  JUKY  TO  VIEW  LANDS. 

38.  Unless  the  appropriation  for  the  proposed  improvement  pro- 
vides specifically  for  such  expenses,  they  are  payable  from  judicial 
appropriations.     (See  2  Comp.,  201.) 

39.  Expenses  of  travel  and  subsistence  of  the  marshal  or  the  dis- 
trict attorney,  incurred  in  this  connection,  are  payable  in  the  usual 
manner,  subject  to  the  usual  limitations,  from  the  appropriations 
"Salaries,  Fees, -and  Expenses  of  Marshals,  V.  S.  Courts,"  and  "Sala- 
ries and  Expenses  of  District  Attorneys,  U.  S.  Courts,"  respectively. 

40.  The  expenses  of  the  jurors  and  bailiff  in  charge  are  payable 
after  they  have  been  duly  authorized  by  the  Attorney  General  from 
the  appropriation  "Miscellaneous  Expenses.  U.  S.  Courts." 

THE  EXTRADITION  OF  FUGITIVES  FROM  THE  UNITED  STATES 
IN  FOREIGN  JURISDICTION. 

41.  The  following  instructions  apply  to  cases  involving  violations 
of  the  Federal  statutes  and  arc  for  the  guidance  of  United  States 
attorneys  and  officers  of  the  United  States  courts  generally. 

42.  The  preparation  of  the  papers  in  accordance  with  the  instruc- 
tions will  save  labor  and  delay,  the  latter  resulting  in  some  instances 
in  the  release  of  the  fugitive  in  the  foreign  jurisdiction. 

ESSENTIALS  THAT  MUST  PRECEDE  THE  INSTITUTION  OF  EXTRADITION 
PROCEEDINGS. 

43.  Before  making  application  to  the  Attorney  General,  the  United 
States  attorney  should  assure  hhnself  of  the  existence  of  the  following 
essentials: 

{a)  The  warrant  of  arrest  issued  m  this  country  can  not  be  served 
owing  to  the  flight  of  the  accused  to  a  known  locality  in  a  foreign 
country. 


GENERAL   INSTRUCTIONS.  19 

(b)  A  treaty  of  extradition  is  in  existence  between  the  United 
States  and  the  country  of  asylum. 

(c)  The  offense  committed  in  this  country  is  (a)  among  those 
enumerated  in  such  foreign  treaty,  and  (b)  is  made  criminal  by  the 
laws  of  both  countries. 

(d)  Sufficient  evidence  in  the  possession  of  the  United  States 
attorney  for  presentation  to  the  surrendering  Government  to  make 
out  a  strong  case — such  a  case  as  would  justify  the  committal  of  the 
accused  under  the  laws  of  this  country. 

WHERE    THE    EXTRADITION    TREATIES    MAY    BE    FOUND. 

44.  The  extradition  treaties  existhig  between  the  United  States 
and  foreign  countries  may  be  found  printed  in  the  several  volumes  of 
the  Statutes-at-Large  or  in  MaJloy's  Treaties,  Conventions,  Inter- 
national Protocols,  etc.,  but  if  the  United  States  attorney  is  unable 
to  ascertain  that  a  treaty  exists  between  the  United  States  and 
the  country  of  asylum  or  that  the  offense  committed  in  the 
United  States  is  extraditable,  he  should  apply  to  the  Attorney 
General  for  such  information  prior  to  the  preparation  of  the  necessary 
papers. 

PROVISIONAL    DETENTION. 

45.  Pending  the  preparation  of  the  formal  papers,  it  is  some- 
times necessary  to  secure  the  arrest  and  provisional  detention  of  the 
accused,  and,  in  such  a  case,  if  the  United  States  attorney  fears  the 
further  flight  of  the  fugitive,  he  should  apply  to  the  Attorney  General, 
by  telegram  or  letter,  for  his  arrest  and  detention.  Such  apphcation 
should  furnish  information  upon  the  following  points: 

(a)  The  name  in  full  of  the  accused  and  his  assumed  name  or 
names,  if  any; 

(6)  A  physical  description  of  the  accused; 

(c)  The  place  and  address  in  the  foreign  country  where  the  accused 
can  be  found; 

{d)  The  date  of  the  indictment,  if  an  indictment  has  been  filed; 

{e)  The  specific  offense  or  offenses  charged; 

(/)  The  date  of  the  commission  of  the  offense  and  thq  place  where 
committed;  and 

{g)  State  whether  a  warrant  of  arrest  has  been  issued  and  the 
reason  for  nonservice  in  this  country. 

46.  It  should  be  borne  in  mind  that  the  request  for  provisional 
detention  does  not  take  the  place  of  the  apphcation  for  extradition 
and  the  formal  papers  hereinafter  mentioned. 

ARREST   AND    PROVISIONAL   DETENTION   EFFECTED. 

47.  In  the  event  the  fugitive  is  arrested  and  detained  in  the 
foreign  country,  the  United  States  attorney  will  be  promptly  advised 


20  GENEKAL    INSTRUCTIONS. 

of  that  fact.  He  must  then,  as  soon  as  possible,  prepare  the  necessary 
papers,  in  dupUcate,  as  herein  instructed,  and  forward  them  to  the 
Attorney  General  accompanied  by  a  formal  application. 

NECESSITY    OF    EXPEDITION    IN    THE    SUBMISSION    OF    THE    FORMAL 

PAPERS. 

48.  The  preparation  and  submission  of  the  formal  papers  should 
bo  expedited  as  much  as  possible.  The  failure  to  do  so  may  result 
in  the  escape  or  release  of  the  fugitive. 

49.  In  treaties  with  some  foreign  countries,  notably  Mexico,  the 
period  of  detention  is  limited  to  40  days  after  the  arrest.  In  other 
jurisdictions,  however,  the  practice  is  generally  observed,  after  the 
arrest  of  the  fugitive,  to  continue  the  hearing  for  a  week,  and,  upon 
motion,  to  grant  a  further  continuance.  In  some  instances  these 
continuances  have  been  limited  to  two  or  three  weeks. 

THE    APPLICATION    FOR    SURRENDER. 

50.  The  essentials  stated  having  been  found  to  exist,  the  United 
States  attorney  should  use  a  form  similar  to  the  following,  in  trans- 
mitting the  formal  papers  to  the  Attorney  Gejieral: 

Office  of  United  States  Attokney. 


The  Attorney  General. 

Sir:  I  have  the  honor  to  transmit  herewith  a  copy,  in  duplicate,  duly  authenti- 
cated, of  the  indictment,  warrant  of  arrest  with  the  marshal's  return  theieon,  and 
the  evidence  ui)on  which  the  charges  in  the  indictment  are  based,  in  the  case  of  the 

U.  S.  i) ,  indicted ,  19 . . ,  in  the  U.  S.  district  court  for  the 

district  of ,  charged  with  ha^•ing  committed  the  offen.se  of 

in  violation  of and  to  ask  that  demand  be  inade  upnit  the  Government 

of  for  the  surrender  of  the  said   to  b.-  brou-lit  back  to 

said  district  for  trial  under  said  indictment. 

1 .  The  nam.'  of  the  accused  is 

(Include  ;iny  :issiimp<i  iiiiino.) 

2.  His  physical  descri])tion  is  as  follows: 


3.  He  may  be  found  at 

4.  The  B])ecific  offense  charged  against  h'.m  is  as  follows: 

(If  the  offense  charged  is  embezzlement,  larceny,  or  the  like,  the  Unitcil  States 
attorney  should  also  state  the  actual  amount  involved,  or  describe  the  property  taken, 
from  wiiom  taken,  and  whether  it  is  of  a  i)ubUc  or  private  nature;  or,  in  the  case  of 
injury,  the  name  of  the  person  injured.) 

5.  The   offense   (or   offenses)    was   (or    wi-w)    <'()i(iinit1i>(l 19..,    at 

,  in  this  judicial  district. 


GENERAL  INSTRUCTIONS.  21 

6.  I  suggest  as  the  person  to  be  named  in  the  President's  warrant 

as  the  agent  of  the  United  States  to  receive  and  convey  the  fugitive  to  the  place  of 
trial  in  this  district. 

This  request  for  the  surrender  of  the  fugitive  is  made  solely  for  the  purpose  ex- 
pressed in  this  application,  and  not  to  enforce  the  collection  of  a  debt  or  to  avoid  the 
penalty  of  a  bail  bond,  or  for  any  private  purpose,  and,  if  the  application  is  granted, 
the  criminal  proceedings  shall  not  be  used  for  any  of  said  purposes. 
Respectfully, 


United  States  Attorney. 
THE  SELECTION  OF  THE  AGENT  OF  THE  UNITED  STATES. 

51.  In  the  selection  of  the  agent  to  receive  the  fugitive  from  the 
hands  of  the  foreign  authority  and  convey  him  to  this  country  for 
trial,  United  States  attorneys  should  recommend  some  person  able 
to  identify  the  accused,  in  the  event  identity  is  not  disclosed  or  is 
denied  at  the  hearing  abroad. 

PAPERS  TO  ACCOMPANY  THE  APPLICATION  FOR  EXTRADITION. 

52.  As  stated,  two  sets  of  the  following  papers,  one  set  to  bo 
retained  in  the  office  of  the  Secretary  of  State  and  the  other  to  go 
abroad,  should  accompany  the  application  for  extradition: 

(a)  The  indictment. 

(b)  The  warrant  of  arrest,  witli  tl\e  marsiial's  rt^turn  indorsed 
thereon. 

(c)  The  evidence  upon  which  the  charges  made  in  the  indictment 
are  based. 

53.  All  such  papers  should  have  formal,  legal  captions. 

THE  INDICTMENT. 

54.  The  indictment  should  be  a  true  copy  of  that  paper  as  filed 
in  the  office  of  the  clerk  of  the  United  States  district  court.  He 
should  attach  to  such  copy  a  certificate  to  the  effect  that  it  is  a  true 

copy  of  the  indictment  filed  in  the  case  of  the  U.  S.  i?. , 

No.   ,  pending  in  the  United  States  district  court  for  the  dis- 
trict of To  this  certificate  the  clerk  should  sign  his 

name  and  official  title,  and  affix  the  seal  of  the  court. 

THE  WARRANT  OF  ARREST. 

55.  The  warrant  of  arrest,  being  also  a  part  of  the  records  of  the 
court  and  having  been  returned  into  court  with  the  marshal's  indorse- 
ment of  nonservice,  in  the  case  of  a  fugitive,  a  copy  of  such  warrant 
and  of  the  marshal's  return  should  be  prepared  by  the  clerk  and  cer- 
tified to  in  like  manner  as  is  suggested  as  to  the  copy  of  the  indictment. 

THE  EVIDENCE  SUPPORTING  THE  CHARGES  IN  THE  INDICTMENT. 

56.  If  the  evidence  was  reduced  to  writing  at  the  time  it  was  given 
to  the  grand  jury,  it  should  be  properly  authenticated  under  the  seal  of 
the  court  and  transmitted  with  the  other  papers  to  the  Attorney  Gen-. 


22  (iKNKKAI.    INSTHUCTIONS. 

<M-al,  but  if  tlio  ovidcjico  was  jiot  so  roducod,  the  Uiiitod  States  attorney 
should  secure  original  affidavits  of  u  sufficient  number  of  the  wit- 
nesses who  appeared  before  the  grand  jury  to  make  a  strong  case. 

57.  llie  affidavits  should  also  bo  prepared  with  formal  captions, 
showing  as  well  the  title  of  the  case,  its  docket  number,  and  the  court 
in  which  it  is  pending.  They  may  be  executed  before  any  pei-son 
lawfully  authorized  to  administer  oaths  and  to  execute  such  papers, 
but  preferably,  in  cases  involving  violations  of  a  Federal  statute, 
b3fore  a  clerk  or  deputy  clerk  of  a  United  vStates  court,  or  a  Ignited 
States  commissioner. 

58.  The  officer  before  whom  the  affidavits  or  de])ositions  are 
executed  should  affix  liis  official  signature  and  seal  to  eacii  of  them. 

THE    OFFICIAL  IDENTITY   OF  THE   CLERK,   ETC..   ESTABLISHED. 

59.  After  the  clerk,  or  his  deputy,  has  certified  to  any  j)aj)er,  or 
the  United  States  commissioner  has  affixed  his  jurat  to  any  paper 
executed  before  him,  his  official  identity  should  b?  established  by 
the  usual  certificate  (,f  a  judge  of  a  United  States  court  under  the 
seal  of  the  court. 

AFFIDAVITS  EXECUTED  BEFORE  STATE  OFFICERS. 

60.  To  secure  the  services  of  a  Federal  officer  may  cause  delay, 
or  the  execution  of  affidavits  before  him  may,  for  other  reasons,  be 
impracticable.  In  such  event  they  may  b3  executed  before  a  duly 
jiuthorized  State  ofiicer,  whether  magistrate  or  notary  public,  whose 
official  identity  should  b3  established  by  the  certificate  und(M-  s(>al  of 
the  governor  of  such  State  or  the  secretary  of  state. 

CASES  IN  WHICH  INDICTMENT  MAY  NOT  HAVE  BEEN  FILED 

61.  The  (ilijig  of  an  indictmiuit  is  not  a  prerequisite  to  tfie 
ijistitution  of  extradition  jn-ociunlings.  They  may  be  begun  before 
the  defendant  has  been  indicted. 

62.  In  such  a  case  a  copy,  i.u  duphcate,  duly  authiMiticated,  of 
the  following  papers  should  accompany  the  application  for  extra- 
dition (similar  in  form  to  that  indicated)  sigjied  by  the  United  States 
attorney : 

(a)  Com])laijit  i)roi)erly  signed  and  swoni  to,  ma(U^  hv  aji  odicer 
or  person  having  knowledge  of  the  facts  and  (executed  before  a  duly 
authorized  officer,  preferably  a  United  States  judge  or  a  Ihiited 
States  commissioner,  or  a  clerk  or  (U>i)uty  clerk  of  a  Unitinl  States 
court. 

(6)   Warrant  of  arrest,  with  tlu^  marshal's  return  indorsed  thereon. 

(c)  Orighial  affidavits  reciting  facta  to  support  the  charges  made 
in  the  complaint.  The  suggestions  hereinbefore  made  as  to  affidavits 
for  use  in  cas(>s  where  the  fugitive  has  been  indicted  ap])ly  to  cases 
where  he  is  merely  charged  with  having  conmiitted  an  (.(Vciisc  an  ' 
whci-c  aji  indict  in(M\l  has  jiot  yet  been  rctui-ncd. 


GENERAL  INSTRUCTIONS.  23 

EXTRADITION    PROCEEDINGS    BEGUN    AFTER    CONVICTION. 

63.  Where  the  defendant,  after  trial  and  conviction  in  this 
country,  has  fled  to  a  foreign  jurisdiction,  the  papers  necessary  to 
secure  his  return  should  consist  of  a  copy  of  so  much  of  the  record  of 
the  court  as  will  show : 

(a)  That  conviction  was  obtained  after  a  regular  trial. 

(b)  The  date  of  such   conviction. 

(c)  The  offense  of  which  the  fugitive  was  convicted. 

(d)  The  specific  law  violated. 

(e)  The  sentence,  if  imposed,  and  the  date  of  such  imposition. 

64.  If  at  the  time  of  his  flight  the  convict  was  at  large  on  bail, 
the  copy  of  the  court  proceedings  should  show  the  proceedings 
involving  the  forfeiture  of  his  bond  and  the  issuance,  if  any,  of  the 
process  of  court  to  effect  his  arrest. 

65.  The  record  of  the  court  should  be  prepared  in  duplicate 
with  proper  formal  captions  and  should  be  authenticated  officially 
by  the  clerk  of  the  court  under  its  seal;  the  latter's  official  identity 
being  established  by  the  certificate  of  the  United  States  judge  under 
the  seal  of  the  court. 

66.  In  making  application  for  the  extradition  of  the  convict 
the  United  States  attorney  should  use  a  form  similar  to  the  following  : 

Office  of  the  United  States  Attorney, 


The  Attorney  General. 

Sir:  I  have  the  honor  to  advise  you  that  was  convictel 

,  19..,  in  the  United  States   district  court  for  this  judicial  district  of 

having  committed  the  offense  of in  violation  of 

He  has  sought  an  asylum  in ,  and  I  have  the  honor  to  ask  that 

demand  be  made  upon  the  Government  of  that  country  for  his  return,  to  be  brought 
back  to  this  district  for  sentence. 

The  name  of  the  convict  is (include  any  assume  1  name); 

his  physical  d escription  is  as  follows :    

an  1  he  may  be  found  at 

In  support  of  this  application  I  send  herewith  a  copy  in  duplicate,  duly  authenti- 
cate 1,  of  so  much  of  the  record  of  the  court  as  shows  that  the  conviction  was  obtained 
after  a  regular  trial,  the  date  of  the  conviction,  and  the  offense  of  which  the  fugitive 
was  convicted. 

I  suggest as  the  person  to  be  named  in  the  President's 

warrant  as  the  agent  of  the  United  States  to  receive  and  convey  the  fugitive  to  the 
place  of  trial  in  this  district. 

This  request  for  the  surren  ler  of  the  fugitive  is  made  solely  for  the  purpose  expressed 
in  the  application  and  not  to  enforce  the  collection  of  a  debt  or  to  avoid  the  penalty 
of  a  bail  boni,  or  for  any  private  purpose,  and,  if  the  application  is  granted,  the 
criminal  procee  ings  shall  not  be  used  for  any  of  said  purposes. 
Respectfully, 


United  States  Attorney. 


24  GENERAL   INSTEUCTIONS. 

OBLIGATIONS  IMPOSED  UPON  THE  UNITED  STATES  BY  TREATY  WITH 
RESPECT  TO  FUGITIVES  FROM  FOREIGN  COUNTRIES  WHO  HAVE 
SOUGHT  AN  ASYLUM  IN  THIS  COUNTRY. 

67.  Treaties  existing  between  the  Unit?d  States  and  some  foreign 
countries  require  that  the  legal  officers  of  the  United  States  shall 
assist  the  officers  of  the  demanding  Government  before  the  respective 
judges  and  magistrates  in  securing  the  arrest  and  extradition  of 
fugitives  who  have  fled  to  the  United  States. 

68.  Wlienever,  therefore,  a  United  States  attorney  is  advised  by 
the  Attorne.}'  General  that  information  has  been  received,  through 
diplomatic  channel,  of  the  commission  of  an  offense  against  the  laws 
of  a  foreign  country  with  wdiich  an  extradition  treaty  exists,  and  is 
instructed  to  take  the  steps  necessary  to  effect  the  arrest  and  deten- 
tion of  the  fugitive  pending  the  receipt  of  formal  papers  upon  which 
demand  for  extradition  will  be  based,  he  should  make  out  a  com- 
plaint before  a  United  States  judge,  or  United  States  commissioner, 
and  ask  for  the  issuance  of  the  proper  warrant  of  arrest,  in  order  that 
the  fugitive  may  be  brought  before  a  magistrate  qualified  to  act  in 
extradition  matters  for  hearing  and  action  under  the  procedure  laid 
down  in  section  5270,  R.  S.  U.  S.,  or  laws  amendatory  thereto. 

69.  In  such  cases  the  department  has  found  the  following  form 
to  be  adaptable,  but  United  States  attornej-s  should  not  confine 
themselves  alone  to  that  form  and  its  language  if,  in  their  judgment, 
they  can  be  strengthened: 

III    the District  of 

In  the  matter  of  the  extradition  of ,  a  fugitive  from  the  justice- 


ot 


The  honorable  The  Judge  of  the . 

Your  complainant,  the  attorney  of  the  United  States  for  the : di8trict 

of ,  under  oath,  deposes  ai  d  says: 

That,  in  the  above  matter,  he  acts  for  and  in  behalf  of  the  Government  of ; 

That  he  is  informed,  through  diplomatic  channel,  that  the  said is 

duly  and  legally  charged  with  having  committed  the  crime  of in  the 

said ; 

That  the  said has  fled  outside  the  boundaries  of  the  said ; 

that  warrant  for  the  arrest  of  the  said can  not  be  served  in  said ; 

and  that  the  said has  sought  an  asylum  witliin  the  jurisdiction  of  the 

United  States  and  may  be  found  in  the  State  of and  the  city  of 

at ; 

That  the  said  crime  of ,  which  the  said is  chained  to 

have  committed  in  said  foreign  country  is  among  the  offenses  enumerated  in  tlie  treaty 
existing    betweeii     ihe    United     States    and    tlie    said ,    proclaimed 


That  said  crime  of is  more  particularly  refern>(l  to  in  article , 

sec of  said  treaty  as  follows: 

That,  through  the  di])lomatic  channel,  your  com])laLnant  's  informed  and  believes 

tliat  requisition  for  the  heroin-named  fugitive ,  is  about  to  be  made, 

accompanied  by  the  formal  papers  upon  which  demand  for  extradition  is  founded ; 


GENERAL  INSTRUCTIONS.  25 

Wliereupon,  your  petitioner,  acting  under  the  authority  and  iu  the  behalf  stated, 
prays  the  consideration  of  this  petition  and  that  a  warrant  may  issue  for  the  arrest  of 
the  said charged  as  aforesaid,  that  he  may  be  brought  before  a  commis- 
sioner or  magistrate  qualified  to  act  in  extradition  matters,  to  the  end  that  evidence 
of  criminality  may  be  heard,  aiid,  if  on  such  hearirg,  he  deems  the  evidence  sufficient 
to  sustain  the  charge  under  the  provisions  of  said  treaty,  said  magistrate  or  commis- 
sioner shall  certify  the  same  to  the  Secretary  of  State,  at  Washington,  D.  C,  in  order 
that  warrant  may  issue  upon  the  requisition  of  the  proper  authority  of  said  foreign 

government  for  the  surrender  of  the  said according  to  the  stipulations 

of  said  treaty,  and  for  such  other  action  as  the  said  commissioner  or  magistrate  is 
required  under  the  provisions  of  said  treaty  and  the  laws  of  the  United  States  to  take. 

Dated  at 

District] 

of r 

Before  me,    for   the district  of personally 

appeared  tire  complainant,  ,  the  attorney  of  the  United  States  for  the 

district  of oii   the ,    19 . . ,   who,   being  duly 

sworn,  says  that  the  foregoing  information  is  true  as  he  verily  believes. 


EXPENSES    OF    SERVICE    OF    PROCESS    BY    AGENT    OF    THE     UNITED 
STATES  IN  BRINGING  CRIMINALS  BACK  TO  THE  UNITED  STATES. 

70.  The  actual  and  necessary  expenses  incurred  and  paid  by  the 
agent  in  the  execution  of  the  President's  warrant  in  cftses  of  fugitives 
from  the  justice  of  the  United  States  should  be  stated  in  an  itemized 
account,  supported  by  proper  vouchers,  and  sworn  to.  The  account 
should  be  forwarded  to  the  Attorney  General  for  transmission  to  the 
Secretary  of  State  for  audit  and  payment.  The  amount  claimed 
by  the  agent  as  personal  compensation  should  also  be  stated  in  the 
account. 


PART  TWO. 
INSTRUCTIONS  TO  UNITED  STATES  MARSHALS. 


CHAPTER  I. 


APPOINTMENT,    QUALIFICATION,    POWERS,    DUTIES,  AND 
COMPENSATION  OF  MARSHALS  AND  THEIR  DEPUTIES. 


Marshals:  J'age. 

ApiJointment  and  induction  into  office 27 

Official  bonds  and  oath  of  office 28-29 

Reappointment 29 

Term  of  office — vacancies -^O 

Power?  and  duties 31 

Official  residence 31 

Retiring  marshal 32 

Compensation 32 

Salaried  deputies: 

Authorization  and  appointment 33 

Oath  of  office 34 

Termination  of  services  and  other  changes 34 

Duties 34 

Compensation 35 

Fee  deputies: 

Appointment 35 

Oath  of  office 36 

Term  of  office 36 

Compensation -  36 


MARSHALS. 
APPOINTMENT  AND  INDUCTION  INTO  OFFICE. 

7 1 .  Commissions  appointing  United  States  marshals  are  transmitted 
to  the  United  States  district  judge  for  dehvery  to  the  appointee.  The 
appointee  should  be  at  once  advised,  furnished  with  blank  forms  for 
the  execution  of  an  official  bond  and  oath  of  office,  and  with  informa- 
tion as  to  the  designation  of  his  official  residence.  (See  pars.  75  to  78, 
also  82  and  83.) 

72.  The  appointee  should  execute  his  official  bond,  following  closely 
the  mstructions  upon  the  blank  form.  He  should  also  confer  with 
his  predecessor  in  office  and  arrange  with  him  concerning  the  date  of 
entrance  upon  duty,  wpon  which  date  the  oath  of  office  should  be 
taken  and  executed  in  triplicate. 

27 


28  INSTRUCTIONS   TO    UNITED   STATES   MARSHALS. 

78.  Upon  taking  the  oath  and  assuming  duties  the  marshal  should 
immediately  advise  the  Attorney  General,  the  Solicitor  of  the  Treas- 
ury, and  the  Commissioner  of  Internal  Revenue  accordingly. 

74.  The  incoming  marshal  should  receipt  to  his  predecessor  in  ofhce 
for  all  Government  property  turned  over  to  him  when  he  assumes 
duties;  for  the  unexpended  balance  of  deposits  to  cover  costs  (trust 
funds)  which  will  be  turned  over  to  him;  and  for  all  unserved  process, 
if  any,  seized  property,  etc.,  which  he  receives  from  his  predecessor. 
(See  pars.  97  to  102.) 

OFFICIAL  BONDS. 

75.  The  amount  or  penalty  of  the  official  bond  of"  a  marshal  is 
$20,000,  unless  a  larger  bond  is  authorized  by  the  Attorney  General. 
(See   sees.  2  and  3,  act  Feb.  22,  1875,  Supp.  R.  S.,  vol.  1,  p.  65.) 

76.  Official  bonds  may  be  given  with  corporate  surety  or  with  indi- 
vidual sureties.  The  former  are  more  desirable.  In  case  the  bond 
has  individual  sureties  it  must  not  only  be  approved  by  the  judge, 
but  the  judge  should  certify  that  the  sureties  are  inhabitants  and 
freeholders  of  the  district.  (See  act  Aug.  13,  1894,  sec.  1,  28  Stat.  L., 
279,  and  R.  S.,  sec.  783.) 

77.  The  United  States  does  not  pay  any  part  of  the  premium  or 
other  cost  of  furnishing  bonds.  The  acceptance  of  bonds  upon  which 
the  rate  of  premium  is  more  than  35  per  cent  greater  than  the  rate 
charged  for  like  bonds  during  the  calendar  year  1908  is  prohibited. 
(See  36  Stat.  L.,  125.)  It  is  therefore  necessary  that  there  shaU  be 
clearly  stated  upon  the  face  of  every  bond  having  a  corporate  surety 
the  rate  of  premium  charged  per  thousand,  and  the  total  amount 
of  premium  charged  upon  the  full  penalty  of  the  bond. 

Note.— The  revenue  stamps  required  under  the  act  of  Octol)er  22,  1914,  should 
be  affi.xed  to  each  bond. 

78.  The  original  bond,  after  approval  by  the  United  States  dis- 
trict judge,  must  be  filed  and  recorded  in  the  office  of  the  clerk  of  the 
district  court.  An  exact  copy  of  the  bond,  showing  the  nature  and 
location  of  all  seals,  stamps,  etc.,  certified  by  the  clerk  under  the  seal 
of  the  court,  should  be  at  once  forwarded  by  the  clerk  of  the  court 
to  the  Auditor  for  the  State  and  Other  Departments.  The  clerk 
of  tlie  court  should  certify  upon  this  copy  that  tlic  original  bond  is 
filed  and  recorded  in  his  office. 

ADDITIONAL  AND  NEW  BONDS. 

79.  An  additional  official  bond  may  be  given  only  when  dii-ected 
by  the  Attorney  General  and  only  when  the  surety  or  sureties  are 
identical  with  those  upon  the  existing  bond.  In  such  cases  it  is  not 
necessary  to  close  accounts  and  de])osit  Imlances,  as  hereafter  directed 
relative  to  new  bonds. 


INSTRUCTIONS   TO    UNITED    STATES    MARSHALS.  29 

80.  If  it  should  become  necessary  for  the  Attorney  General  to 
dh-ect  the  execution  of  a  second  official  bond  under  one  and  the  same 
appomtment  (not  an  additional  bond,  as  stated  in  the  foregoing 
paragraph),  requisition  must  be  made  for  funds  under  the  new  bond, 
and  after  money  has  been  credited  thereunder  all  accounts  must  be 
promptly  closed  and  balances  under  the  old  bond  deposited  to  the 
credit  of  the  Treasurer  of  the  United  States  (nonchecking  account). 
Receipts,  disbursements,  balances,  and  accounts  under  the  two  bonds 
must  be  maintained  entirely  separate  and  distinct. 

81.  The  act  of  March  2,  1895  (see  28  Stat.  L.,  807),  provides  that 
"every  officer  required  by  law  to  take  and  approve  official  bonds  shall 
cause  the  same  to  be  examuied  at  least  once  every  two  years  for  the  pur- 
pose of  ascertahiing  the  sufficiency  of  the  sureties  thereon;  and  every 
officer  having  power  to  fix  the  amount  of  an  official  bond  shall  examuie 
it  to  ascertain  the  sufficiency  of  the  amount  thereof  and  approve  or 
fix  said  amount  at  least  once  in  two  years  and  as  much  oftener  as 
he  may  deem  it  necessary."  It  also  provides  that  official  bonds 
shall  be  renewed  every  four  years,  or  oftener  if  necessary.  Such 
renewal,  however,  may  be  waived  for  the  period  of  service  of  a 
bonded  officer  after  the  expiration  of  a  four-year  term  of  office, 
pending  the  appointment  and  qualification  of  his  successor. 

OATH  OF  OFFICE. 

82.  The  oath  of  office  having  been  executed  in  triplicate,  one  copy 
should  be  filed  with  the  bond,  one  forwarded  to  the  Auditor  for  the 
State  and  Other  Departments,  and  one  transmitted  to  the  Depart- 
ment of  Justice.  Funds  with  which  to  defray  court  expenses  can  be 
placed  to  the  credit  of  the  marshal  only  after  a  copy  of  the  oath  of 
office  and  a  certified  copy  of  his  official  bond  have  been  received  in 
the  office  of  the  Auditor  for  the  State  and  Other  Departments. 

83.  This  oath  may  be  administered  by  any  officer  of  the  United 
States  or  of  any  State  authorized  by  law  to  administer  oaths.  United 
States  commissioners,  also  clerks  and  deputy  clerks  of  United  States 
courts,  are  authorized  to  admmister  oaths.  (See  acts  May  28,  1896, 
and  Mar.  2,  1901.) 

'  REAPPOINTMENT. 

84.  A  marshal  who  is  reappointed,  or  who  receives  an  appoint- 
ment after  confirmation  by  the  United  States  Senate  foUowmg  a  recess 
appointment,  must  proceed,  m  so  far  as  his  bond,  oath,  receipts, 
disbursements,  balances,  and  accounts  are  concerned,  in  all  respects 
as  a  new  appointee. 

85.  A  bond  must  be  executed  under  the  new  appomtment  and 
another  oath  of  office  must  be  taken.  The  power  to  disburse  moneys 
under  the  old  appomtment  and  bond  termmates  on  the  day  precedmg 


30  iNsiHiciioNs   lo  rxriKj)  states  marshals. 

the  (lay  ui)on  which  the  oath  oi  oHicc  is  taken  and  (hitios  aro  assumed 
under  the  new  appointment. 

SG.  An  account  must  be  rendered  covering  disbursements  made  up 
to  and  including  tlie  day  preceding  the  date  of  qualification  and 
entrance  upon  duty  under  the  new  appointment,  books  closed,  and 
balancers  deposited  to  the  credit  of  the  Treasurer  of  the  United  States 
(nonchecking  account).  New  accounts  should  be  opened  and  the 
records  continued  just  as  if  he  were  a  new  appointee. 

87.  It  is  desirable  that  all  fees  earned  and  expenses  incurred  up  to 
the  date  of  entrance  upon  duty  under  the  new  appointment  should  be 
paid  before  assuming  duty  under  said  new  appointment.  Regular 
monthly  salaries,  however,  should  not  for  this  reason  be  paid  for 
fractional  portions  of  a  month.  Such  salaries  and  other  items  accru- 
ing dining  the  period  covered  by  the  old  appointment,  which  have 
not  been  paid  prior  to  the  date  of  entrance  upon  duty  under  the 
new  ap])ointment,  may  be  paid  from  funds  advanced  and  included 
in  accounts  rendered  under  the  new  appointment. 

88.  In  selecting  the  date  for  entrance  upon  duty  under  a  new 
appointment,  it  should  be  noted  that  it  will  be  necessary  to  make  a 
brief  break  in  the  continuity  of  payments.  If  the  new  commission  is 
received  by  the  judge  and  becomes  effective  prior  to  and  near  the 
close  of  any  given  quarter,  it  is  desirable  to  qualify  and  enter  upon 
duty  thereunder  upon  the  first  day  of  the  succeeding  quarter,  in 
order  to  avoid  the  rendition  of  an  account  for  a  portion  of  a  quarter, 
provided  that  in  cases  where  a  marshal  holds  office  under  a  recess 
appointment  the  commission  under  which  he  is  acting  does  not 
expire  before  the  close  of  the  quarter. 

TERM  OF  OFFICE -VACANCIES. 

89.  Marshals  holding  recess  appointments  will  note  that  they  may 
continue  in  office  under  said  appointments  until  the  close  of  the  next 
session  of  the  United  States  Senate  subsequent  to  said  appointments, 
and  no  longer. 

90.  Under  the  provisions  of  the  act  of  June  24,  1898  (see  30  Stat. 
L.,  487),  marshals  who  have  been  commissioned  for  a  term  of  four 
years  may  continue  to  discharge  the  duties  of  their  respective 
offices  until  their  successors  have  been  appointed  and  have  assumed 
duties. 

91.  A  vacancy  arising  in  the  ollice  of  marshal  by  reason  of  the 
death  of  a  marshal  may  be  filled  under  the  provisions  of  the  above 
mentioned  act  by  the  district  court  of  the  district,  if  the  vacancy  arises 
in  a  State,  or  by  the  Supreme  Court  of  the  District  of  Columbia  if 
arising  within  the  District  of  Columbia. 


INSTRUCTIONS   TO    UNITED    STATES    MARSHALS.  31 

POWERS  AND  DUTIES  OF  MARSHALS. 

92.  Marslials  are  the  executive  oflicers  of  the  Federal  courts. 
They  are  also  the  local  (hshursing  officei-s  of  the  courts  and  the 
Department  of  Justice.  They  have  the  same  powers  in  each  State 
in  executing  the  laws  of  the  United  States  as  sheriffs  and  their 
deputies  in  such  State  have,  in  executing  the  State  laws.  (See  sec. 
788,  R.  S.  U.  S.,  also  185  V.  S.,  p.  1.) 

93.  The  principal  duties  of  marshals,  therefore,  are  to  attend 
terms  of  the  district  courts,  to  execute  or  cause  to  be  executed 
judicial  process  (see  sec.  787,  R.  S.  U.  S.  and  sec.  1311,  U.  S.  Com- 
piled Statutes,  1913),  and  to  defray  judicial  expenses. 

94.  In  addition  to  and  growing  out  of  the  foregoing,  the  follow- 
ing are  among  the  more  important  duties  of  marshals: 

(a)  To  attend  daily  at  their  offices,  unless  otherwise  engaged  on 
official  business,  keep  fully  informed  concerning  all  matters  connected 
therewith,  and  assist  in  the  service  of  process  or  clerical  duties.  (See 
par.  1.) 

^(b)  To  connnunicate  with  the  Department  of  Justice  concerning 
actual  or  anticipated  defiance  of  Federal  authority,  or  other  like 
disturbance.     (See  pars.  349  to  354.) 

^(c)  To  arrest  persons  found  in  the  act  of  operating  illicit  distil- 
leries.    (See  20  Stat.  L.,  341.) 

(d)  To  make  reports  to  the  Solicitor  of  the  Treasury  concerning 
suits  involving  property  interests  of  the  Government,  and  collec- 
tions by  execution  or  otherwise  of  revenues  and  debts  due  to  the 
United  States.     (See  pars.  226  to  237.) 

(e)  To  make  returns  to  the  Auditor  for  the  Post  Office  Department 
concerning  proceedings  upon  executions  involving  moneys  due  on 
account  of  the  Post  Office  Department.     (See  sec.  792,  R.  S.  U.  S.) 

(/)  To  supervise  leased  or  rented  buildings  used  for  the  courts  and 
their  officers.     (See  pars.  611  to  613.) 

r^ig)  To  exercise  diligence  in  the  matter  of  disbursing  funds  to  the 
end  that  erroneous  charges  which  are  not  in  accordance  with  the 
actv.al  facts  may  be  detected  before  payment. 

(h)  To  prepare  or  cause  to  be  prepared  and  render  quarterly 
accounts,  as  required  by  law,  and  by  these  instructions. 

(i)  To  collect  the  earnings  of  their  offices  from  individuals  and 
corporations  and  deposit  them  with  clerks  of  United  States  courts. 
(See  pars.  310  to  325.) 

OFFICIAL  RESIDENCE. 

95.  The  law  authorizes  the  Attorney  General  to  fix  the  official 
residence  of  each  marshal.  It  must  be  at  one  of  the  places  of  hold- 
ing court,  and  it  is  preferable  that  it  be  at  the  principal  place.     The 


32  INSTRUCTIONS   TO    UNITED   STATP:S   MARSHALS. 

place  thus  designated  becomes  th'e  official  headquarters  of  the  mar- 
shal.    (See  29  Stat.  L.,  183.) 

96.  Expenses  of  subsistence  are  allowable  only  when  incurred  at 
places  other  than  the  official  residence. 

RETIRING  MARSHAL. 

(See  also  paragraphs  146(c),  159,  and  172.) 

97.  An  outgoing  marshal  must  turn  over  to  his  successor  all 
Government  property  in  custody,  and  transmit  his  receipted  inven- 
tory thereof  to  the  Attorney  General. 

98.  Specify  in  the  inventory  every  article  of  nonconsumablo 
property  and  make  full  explanation  of  failure  to  include  any  missing 
article.  Show  the  make,  model,  and  serial  number  of  typewriting 
machines,  computing  machines,  check  protectors,  revolvers,  etc. 

99.  He  should  also  turn  over  to  his  successor  all  moneys  other 
than  judiciary  funds.  Transfer  the  entire  bank  balances  leaving 
notliing  for  outstanding  checks.  Furnish  the  bank,  however,  with  a 
memorandum  definitely  describing  each  outstanding  check. 

100.  Unserved  process  in  the  hands  of  an  outgoing  marshal,  or  his 
deputies,  shall  be  delivered  to  his  successor  upon  reciucst,  and  the 
receipt  taken  therefor  transmitted  to  the  Auditor  for  the  State  and 
Other  Departments.  (See  30  Stat.  L.,  1237.)  Prisoners  in  the  cus- 
tody of  an  outgoing  marshal  should  be  delivered  to  his  successor  in 
office.     (Sec.  790,  R.  S.  U.  S.) 

101.  An  outgoing  deputy  shall,  upon  request,  deliver  to  the  marshal 
all  process  remaining  in  his  hands.     (See  30  Stat.  L.,  1237.) 

102.  A  retiring  marshal  should  procure  from  the  clerk  of  tlie  court 
and  transmit  to  the  auditor  a  certificate  showing: 

(a)  That  he  has  returned  all  process,  except  that  turned  over  to 
his  successor. 

(h)  That  he  has  accounted  for  all  money  collected  on  executions, 
or  otherwise. 

COMPENSATION. 

103.  United  States  marshals  receive  statutory  salaries.  They  will 
also  be  allowed,  when  absent  from  official  headquarters  on  official 
business,  actual  and  necessary  expenses  for  lodging  and  subsistence, 
not  exceeding  $4  per  day,  and  actual  necessary  traveling  expenses. 
There  is  a  penalty  for  demanding  or  receiving,  directly  or  indi- 
rectly, any  fees  or  compensation  other  than  as  above  stated.  (See 
act  of  May  28,  1896,  29  Stat.  L.,  183.) 

Note.— TJio  marslial  in  his  official  capacity  as  a  disbursing  officer  pays  to  himself 
personally  the  saUiry  and  expenses  above  provided.  (See  pars.  320  to  345,  and 
398  to  410.) 


INSTRUCTIONS   TO   UNITED    STATES    MARSHALS.  33 

SALARIED  DEPUTY  MARSHALS. 
AITTHOEIZATION  AND  APPOINTMENT. 

104.  Marshals  may  employ,  upon  authorization  by  the  Attorney 
General  and  at  rates  of  compensation  fixed  by  him,  salaried  deputies 
and  clerical  assistants.  (See  sec.  10,  act  of  May  28,  1896,  29  Stat.  L., 
182.)  A  commission  (Form  No.  31)  should  be  used  by  the  marshal 
formally  appointing  each  deputy  so  authorized.  This  commission 
is  retained  by  the  deputy,  but  a  copy  should  remain  on  file  in  the 
marshal's  office. 

105.  Each  appointment  should  be  at  once  reported  to  the  depart- 
ment for  approval,  and  (excepting  as  stated  in  the  next  paragraph) 
such  approval  must  be  received  before  the  appointee  takes  the  oath 
of  office  or  assumes  duties. 

106.  Incoming  marshals  are  hereby  authorized  generally  to  reap- 
point tentatively,  in  so  far  as  they  may  deem  such  action  desirable, 
their  predecessor's  deputies.  Deputies  so  reappointed  should  at 
once  take  a  new  oath  of  office  and  continue  to  execute  their  official 
duties,  such  reappointment,  if  promptly  reported  to  the  department, 
being  hereby  approved  generally  for  the  period  of  service  elapsing 
prior  to  the  issuance  and  the  receipt  by  the  marshal,  in  the  ordinary 
course  of  business,  of  a  written  approval  or  disapproval. 

107.  Marshals  are  responsible  for  the  acts  of  their  deputies  and 
should  exercise  great  care  in  their  selection.  If  the  chief  duties  of  a 
salaried  deput}^  are  other  than  the  service  of  process,  he  must  either  be 
selected  under  the  rules  and  regulations  of  the  Civil  Service  Com- 
mission or  required  to  give  bond  to  the  marshal.  (See  act  of  Oct.  22, 
1913,  and  Department  Circular  No.  419.) 

108.  In  reporting  the  reappointment  of  a  predecessor's  deputies,  as 
described  in  paragraph  140,  it  is  only  necessary  to  state  the  names  of 
the  deputies  thus  reappointed,  no  change  in  their  status  or  salary 
being  permissible  without  previous  authorization;  otherwise  each 
application  for  authority  to  employ,  and  also  each  report  of  the 
formal  appointment  of  a  salaried  deputy,  should  state : 

(a)  Name  and  date  of  birth  of  proposed  or  actual  employee. 

(b)  His  residence  and  occupation  at  the  time  of  selection. 

(c)  Proposed  headquarters. 

(d)  Proposed  rate  of  compensation. 

(e)  Duties  of  position  and  qualifications  therefor. 

(f)  Whether  he  has  been  or  is  to  be  designated  ''Chief  deputy," 
and  the  date  on  which  such  duties  have  been  or  wiU  be  assumed. 

(g)  Whether  the  chief  duties  of  the  position  are  the  service  of 
procsss  or  office  work. 

(li)  Whether  bonded  or  to  be  bonded;  and  if  so,  in  what  amount. 
Note. — Applications  for  authority  to  employ  as  distinguished  from  reports  of  formal 
appointments  must  state  in  addition  to  the  foregoing  "the  facts  as  distinguished  from 
the  conclusions  establishing  the  necessity  for  the  proposed  appointment." 
895—16 3 


34  INSTRUCTIONS    TO    UNITED    STATES    MARSHALS. 

OATH  OF  OFFICE. 

109.  Eacli  salaried  deputy  must  execute  in  triplicate  an  oath  of 
office  (Form  No.  10).  The  marshal  will  certify  thereon  when  the 
deputy  assumed  duty.  The  three  copies  of  the  oath  must  be  dis- 
posed of  as  follows: 

One  filed  with  the  clerk  of  the  district  court. 
One  transmitted  to  the  Attorney  General. 

One  transmitted  to  the  Auditor  for  the  State  and  Other  Depart- 
ments. 

110.  Mere  change  in  the  rate  of  compensation  of  a  deputy  as  dis- 
tinguished from  reappointment  does  not  require  the  execution  of  a 
new  oath  of  office.     (See  3  Comp.,  336.) 

TERMINATION  OF  SERVICES  AND  OTHER  CHANGES. 

111.  liesignations,  suspensions,  dismissals,  changes  in  location, 
absence  without  pay,  or  other  conditions  affecting  compensation 
must  be  promptly  reported  to  the  department.  The  date  of  each 
change  must  be  deffiiitely  given.  It  must  be  shown  at  the  close  of 
what  day  it  became  effective.  In  case  of  suspension  or  dismissal 
the  cause  must  be  stated.  A  deputy  dismissed  for  misconduct  must 
not  again  be  employed  by  the  marshal  in  any  capacity  without  specific 
authority  from  the  Attorney  General. 

112.  The  term  of  office  of  a  salaried  deputy  expires  (unless  his 
services  are  terminated  earher  by  competent  authority)  with  that  of 
his  principal,  excepting  for  the  purposes  named  in  sections  789  and 
790,  R.  S.  U.  S.     (See  3  Comp.,  648.) 

113.  An  outgoing  deputy  must  upon  request  deliver  to  the  mar- 
shal who  appointed  him,  or  to  the  incoming  marshal,  as, the  case  may 
be,  all  process  remaining  in  his  hands.     (See  30  Stat.  L.,  1237.) 

114.  If  the  incoming  marshal  desires  to  retain  the  services  of  any 
of  his  predecessor's  deputies,  they  must  be  reappointed  and  take  a 
new  oath  of  office.     (See  par.  106.) 

115.  If  a  deputy  who  has  been  mstructed  by  the  Attorney  General 
to  take  charge  of  the  office  of  the  marshal  pending  the  appomtment 
of  his  successor  notifies  the  salaried  deputies  to  remain  in  charge  at 
their  respective  stations,  and  they  hi  fact  do,  their  employment  may 
be  considered  as  continuous,  and  they  may  be  paid  accordingly,  j^ro- 
vided  they  are  subsequently  reappointed  b}'-  the  incoming  marshal. 
(See  Comp.  to  disbursing  clerk.  Department  of  Justice.  May  23,  1910.) 

DUTIES. 

116.  It  is  the  dut}^  of  salaried  deputies  under  assignments  n\ade 
by,  and  under  direction  of,  the  marslial  to  execute  the  clerical  and 
other  inside  work  of  the  olhcc,  to  serve  process,  transport  prisoners, 
attend  court,  act  as  bailiffs  or  criers  when  required,  etc. 


'o-r> 


INSTRUCTIONS   TO   UNITED    STATES    MARSHALS.  35 

117.  The  chief  deputy  is  to  be  considered  in  charge  of  the  office 
in  the  absence  of  the  marshal.  He  should  understand  and  be  able 
to  direct  the  work  of  the  office,  supervise  the  activities  of  the  other 
deputies,  and  otherwise  satisfactorily  represent  his  superior. 

118.  If  the  appointment  of  a  salaried  deputy  is  authorized  and  ap- 
itfoved  upon  condition  that  he  shall  act  as  bailiff  without  additional 

/^conpensation,  he  must  so  serve,  and  payment  may  not  properly 
t^e'iuade  to  another  person  covering  services  as  bailiff  which  should 
have  been  rendered  by  the  deputy.     (See  4  Comp.,  226.) 

119.  Deputies  will  not  be  allowed  additional  compensation  for 
acting  as  bailiffs  or  criers. 

COMPENSATION. 

120.  Salaried  deputies  and  clerical  assistants  are  paid  monthly  by 
marshals.     Their  annual  salaries  are  fixed  by  the  Attorney  General 
(See  act  of  May  28,  1S96,  29  Stat.  L.,  182,  and  pars.  329  to  345.) 

121.  Salaried  deputies  also  receive  actual  traveling  expenses  and 
actual  expenses  of  lodging  and  subsistence,  not  exceeding  $S  per  day 
(see  35  Stat.  L.,  640)  when  absent  from  their  stations  on  official  busi- 
ness; they  are  also  reimbursed  for  expenses  of  transporting  pris- 
oners, iacluding  necessary  guard  hire.      (See  pars.  398  to  410.) 

122.  There  is  a  penalty  for  demanding  or  receiving  any  fees  or 
compensation  other  than  those  above  mentioied. 

FEE  DEPUTY  MARSHALS. 

APPOINTMENT. 

123.  When,  in  the  opinion  of  the  marshal,  public  business  requires 
it,  he  may  appoint  one  or  more  fee  deputies  to  hold  office  (unless 
sooner  removed  by  the  district  court  or  the  Attorney  General) 
during  the  pleasure  of  the  marshal.     (See  36  Stat.  L.,  1355.) 

124.  Appointments  of  fee  deputies  should  be  immediately  reported 
to  the  Attorney  General.     Such  reports  should  specify: 

(a)  The  facts  as  distinguished  from  the  conclusions  constituting 
the  reason  for  the  appointment. 

(b)  Name  and  age  of  employee. 

(c)  His  residence  and  occupation  at  the  time  of  appointment. 

(d)  His  official  headquarters. 

125.  Judgment  and  discretion  should  be  exercised  in  the  selection, 
appointment,  and  location  of  fee  deputies.  Their  headquarters 
should  usually  be  near  the  center  of  the  territory  to  be  covered  in 
the  service  of  process.     Inexpedient  a'ppointments  will  he  canceled. 

126.  Before  appointing  sheriffs,  deputy  sheriffs,  town  constables, 
etc.,  as  deputies,  marshals  should  ascertain  that  the  duties  of  the 
two  positions  are  not  likely  to  conflict.  In  case  of  doubt  on  this 
point,  specific  instructions  should  be  obtained  from  the  department. 


36  INSTRUCTIONS    TO    UNITED    STATES    MARSITALS. 

127.  Resignations,  suspensions,  dismissals,  or  changes  in  location 
must  be  immediately  reported  to  the  department.  The  dates  of 
such  changes  must  be  distinctly  given,  and  in  the  case  of  suspension 
or  dismissal  the  cause  must  be  stated.  A  deputy  dismissed  for 
misconduct  must  not  be  again  employed  by  the  marshal  in  any 
capacity  without  specific  authority  from  the  Attorney  General. 

OATH  OF  OFFICE. 

128.  Form  No.  10  should  be  used  for  the  oath  of  a  fee  deputy. 
It  should  be  executed  in  duplicate;  the  original  filed  with  the  clerk 
of  the  district  court  and  the  duplicate  transmitted  to  the  Attorney 
General.  The  marshal  should  certify,  as  provided  by  the  form, 
when  the  appointee  assumed  duties. 

TERM  OF  OFFICE. 

129.  The  term  of  office  of  a  fee  deputy  ends  with  that  of  his  prin- 
cipal, excepting  for  the  purposes  named  in  sections  789-790,  R.  S.  U.  S. 

130.  Incoming  or  reappointed  marshals  desiring  to  retain  the 
services  of  fee  deputies  should  reappoint  them  and  require  them  to 
execute  new  oaths  of  office. 

131.  Unserved  process  must  be  immediately  delivered  to  the 
incoming  marshal  upon  request  and  an  outgoing  deputy  must,  upon 
request,  deliver  to  his  principal  aU  unserved  process.  (See  30  Stat. 
L.,  1237.  See  also  pars.  423  and  424  under  Maximum  Compen- 
sation, etc.) 

COMPENSATION. 

132.  Fee  deputy  marshals  are  entitled  to  compensation  as  follows: 
(a)  All  gross  fees  actually  earned,  including  mileage,  not  to  exceed 

$1,500  per  annum. 

(h)  Actual  and  necessary  expenses,  not  exceeding  S2  per  day, 
while  endeavoring  to  arrest,  under  process,  a  person  charged  with  or 
convicted  of  crime. 

NoTv. — A  fee  deputy  may  elect  to  receive  actual  expenses  on  any  trip  in  lieu  of 
the  mileage  above  stated.     (See  29  Stat.  L.,  182,  and  36  Stat.  L.,  1355.) 

(See  pars.  417  to  471.) 


CHAPTER  II. 
JUDICIARY  AND  OTHER  FUNDS. 


Page. 

Judiciiu'y  funds  advaiifed  ou  reqiusition? 37 

Deposits: 

General  instructions 38 

Into  nonchecking  account 39 

Into  checking  account 39 

Method  of  making 39 

Reporting  and  recording 40 

Disbursements: 

General  instructions,  checks,  etc 41 

Outstanding  and  retiu*ned  checks 43 

In  cash 44 

Advances  by  marshals 45 

Weekly  reports  of 45 

Income-tax  deductions 46 

Moneys  other  than  judiciary  appropriation  and  income-tax  funds 48 


JUDICIARY   FUNDS   ADVANCED  ON  REQUISITIONS. 

133.  Advances  are  made,  i.  e.,  moneys  are  placed  to  the  credit  of 
marshals  with  the  Treasurer  of  the  United  States  under  various 
appropriations  (transactions  under  each  of  which  must  be  sepa- 
rately handled  and  recorded)  for  defraying  court  expenses,  payment 
of  judicial  salaries,  etc.  Such  moneys  are  known  as  "judiciary" 
funds  as  distinguished  from  deposits  to  secure  costs  and  other  special 
funds.  Requisitions  for  the  money  which  it  is  anticipated  will  be 
needed  should  be  made  quarterly  upon  the  blank  forms  provided. 

134.  Requisitions  for  money  should  be  forwarded  in  time  to 
reach  the  department  about  20  days  prior  to  the  close  of  each 
quarter  of  the  fiscal  year.  This  is  a  matter  of  the  utmost  impor- 
tance, and  other  busmess  should  not  be  allowed  to  interfere  with  it. 

135.  Additional  requisitions  may  be  made  if  necessary.  It  is  the 
duty  of  marshals  to  communicate  with  the  department  wdicnever 
it  becomes  apparent  that  more  money  is  needed. 

136.  If  it  is  impracticable  to  advance  at  once  the  entire  amount 
requested,  a  partial  advance  wiU  be  made  and  more  money  credited 
later,  as  circumstances  may  warrant. 

137.  Whenever  it  is  estimated  that  the  prospective  expenses 
under  any  appropriation  for  a  given  quarter  will  greatly  exceed 
those  for  the  corresponding  quarter  of  the  previous  fiscal  year,  the 

37 


38  INSTRUCTIONS    TO    UNITED    STATES    MARSHALS. 

regular  (luarterly  roquisitioii   must   be   accompanied  bij  a  statemint 
explaining  the  conditions  giving  rise  to  the  anticipated  increase. 

138.  In  making  requisition  to  cover  anticipated  expenses  of  the 
closing  quarter  of  a  fiscal  year,  i.  e.,  the  June  quarter,  the  utmost  care 
should  be  exercised  in  order  to  avoid  requestmg  an  amount  m  excess 
of  that  which  will  be  actually  needed.  Prior  to  making  such  requi- 
sition the  marshal  should  confer  fully  and  freely  with  the  district 
attorney  and,  if  practicable,  with  the  district  judge,  in  order  to 
ascertain  the  nature  and  extent  of  the  prospective  court  business. 
The  probable  unexpended  balance  of  the  money  already  advanced 
for  previous  f{uarters  at  the  close  of  business  on  March  31  should  also 
be  taken  into  consideration  and  the  difference  oidy  recjuested  betw(M^n 
such  amount  and  the  estimated  expense  of  the  June  quarter. 

139.  Money  under  appropriations  for  a  given  fiscal  year  is  ad- 
vanceable  only  until  September  30  of  tlie  following  fiscal  year, 
excepting  at  stations  not  forming  part  of  tlie  mainland  of  the  United 
States,  such,  as  Alaska  and  Hawaii,  where  advances  may  be  made 
until  the  close  of  the  second  fiscal  year  following  the  year  for  whicli 
the  appropriation  is  made. 

140.  Claims  against  the  Government  on  account  of  fees  earned  or 
expenses  incurred  remaining  unpaid  after  the  close  of  the  period 
during  which  advances  can  be  made  should  be  handled  as  directed 
in  paragraphs  593  to  600. 

DEPOSITS. 
GENERAL  INSTRUCTIONS. 

141.  The  deposit  of  moneys  received  to  secure  the  payment  of  costs 
should  be  made  with  a  local  depositary  the  use  of  which  has  been 
approved  by  the  Attorney  General.     (See  paragraph  201.) 

142.  Instructions  relative  to  deposit  of  income-tax  moneys  will  be 
found  in  paragraphs  188  to  200. 

143.  The  deposit  of  judiciary  funds  and  the  deposit  of  proceeds  of 
sales  of  old  materials  or  other  Government  property  should  be  made 
directly  with  the  Treasurer  of  the  United  States,  Washington,  D.  C. 
(The  checks  or  drafts  representing  such  deposits  should  be  mailed 
directly  to  the  Treasurer  of  the  United  States,  Washington,  D.  C.) 

144.  If  a  deposit  to  the  credit  of  the  Treasurer  of  the  United 
States  is  not,  after  having  been  so  deposited,  to  form  part  of  the 
balance  standing  to  the  official  credit  of  the  marshal  and  subject  to 
his  official  check,  it  must  be  definitely  described  as  a  ''deposit  into 
noncliecking  account." 

145.  If  a  deposit  is  to  have  the  effect  of  achling  to  the  unexpended 
balance  of  the  marshal  and  form  part  of  the  total  amount  subject  to 
his  official  check  with  the  Treasurer,  it  should  be  designated  as  a 
*' deposit  into  cJiecTcing  account." 


INSTRUCTIONS   TO   UNITED    STATES    MARSHALS,  39 

WHEN  DEPOSITS  SHOULD  BE  MADE  INTO  NONCHECKING 
ACCOUNT. 

146,  Deposits  should  be  made  into  nonchecking  account  as  follows: 

(a)  If  it  is  found  near  the  close,  or  immediately  after  the  close,  of 
a  fiscal  year  that  the  unexpended  balance  under  any  appropriation 
or  appropriations  is  manifestly  greater  than  the  amount  which  will  be 
required  to  complete  payments,  the  excess  should  be  at  once  deposited, 

(b)  All  such  unexpended  balances  should  be  so  deposited,  when  it 
has  been  ascertained  that  they  will  be  no  longer  needed  to  liquidate 
outstanding  liabilities,  and  not  later  in  any  event  than  September  30 
of  the  succeeding  fiscal  year,  excepting  in  districts  detached  from 
the  mainland  of  the  United  States,  such  as  Alaska  and  Hawaii.  The 
final  deposit  of  such  unexpended  balances  will  of  course  include  all 
disallowances  and  collections  which  have  been  made  part  thereof  by 
being  deposited  into  checking  account, 

(c)  Whenever  it  is  necessary  to  dispose  of  unexpended  balances  on 
account  of  retirement  from  office,  or  when  a  new  official  bond  has 
been  given  (other  than  an  additional  bond)  and  it  is  desired  to  dispose 
of  balances  under  the  old  bond. 

(d)  To  dispose  of  -the  proceeds  of  sales  of  old  materials  or  other 
Government  property, 

WHEN  DEPOSITS  SHOULD  BE  MADE  INTO  CHECKING  ACCOUNT. 

147,  Deposits  should  be  made  into  checking  account  as  follows: 
(a)  When   conceded   suspensions    or    disallowances    (from  which 

appeals  are  not  to  be  taken)  pertaining  to  appropriations  in  current 
use  are  to  be  placed  to  the  credit  of  the  disbursing  officer  with  the 
Treasurer. 

(h)  When  collections  covering  erroneous  but  unsuspended  dis- 
bursements, overpayments,  or  refunds  of  moneys  advanced  to  wit- 
nesses or  others  are  to  be  deposited. 

METHOD  OF  MAKING  DEPOSITS  TO  THE  CREDIT  OF  THE 
TREASUREE  OF  THE  UNITED  STATES. 

148,  If  it  is  desired  to  transfer  funds  from  checking  to  noncJiecTcing 
account,  as  is  ordinarily  the  case  when  unexpended  balances  are 
repaid,  the  check. to  effect  the  transfer  should  be  drawn  in  the  follow- 
ing form : 

,  19... 

Pay  to  the  order  of  the  Treasurer  of  the  United  States  three  hundred  00/100  dollars. 

John  Doe, 
U.  S.  Marshal. 
$300.00. 
Object  for  which  drawn: 

Unexpended  balances  of  appropriations  for  credit  of  Treasiu'er  U.  S. 
Checkin.o;  account  to  nonchecking  account. 
Details  reported  by  letter  to  auditor. 


40  INSTRUCTIONS    TO    UNITED    STATES    MARSHALS. 

149.  It  is  not  necessary  to  state  on  the  check  the  title  and  amount 
of  each  appropriation.  This  information  should  be  given  in  a  letter  to 
the  auditor,  a  copy  of  which  should  be  transmitted  to  the  Department 
of  Justice. 

150.  A  single  check  should  be  drawn  covering  the  entire  amount  of 
the  deposit,  including  all  appropriations.  No  attempt  should  be  made 
to  list  the  appropriations  on  the  check.  This  will  be  done  in  the  letter 
reporting  the  deposit  to  the  auditor.  The  office  of  the  Treasurer  of 
the  United  States  needs  only  information  showing  whether  a  check 
represents  "appropriations"  or  "revenues." 

151.  A  private  check  may  be  used  for  deposits  of  suspensions,  disal- 
low^ances,  and  collections  intended  to  go  into  checJcing  account.  The 
following  form  of  check  or  indoi-sement  is  suggested: 

,  19... 

First  National  Bank  of 

Pay  to  the  order  of  the  Treasurer  of  the  United  States  t\veuty-ti\e  00/100  dollars. 

John  Doe, 
U.  S.  Marshal. 
$25.00. 
Object  for  which  drawn : 

Deposit  into  checking  account.  , 

Disallowances ;  appro]jriations  for  19 . . . 
Details  reported  by  letter  to  auditor. 

REPORTING  AND  RECORDING  DEPOSITS. 

152.  When  a  deposit  is  made  into  checking  account  covering  dis- 
allowances, a  notation  of  this  action  should  be  made  opposite  the 
item  or  items  thus  disposed  of  on  the  statement  of  differences  on  file 
in  the  marshal's  office.  Inadvertent  duplication  of  deposits  will  be 
thus  avoided. 

153.  It  should  be  understood  that  ordinary  deposits  which  involve 
"appropriations"  are  classified  as  follows: 

(a)  "Unexpended  balances";  i.  e.,  balances  of  appropriations 
advanced  to  the  disbursing  officer  against  which  he  has  not  drawn 
checks. 

(6)  "Disallowances,"  which  term  is  used  to  cover  also  suspensions 
that  are  uncontested  or  conceded. 

(c)  "CoUoctions,"  which  term  includes  items  erroneously  paid  but 
not  suspended  or  disjillowed  by  the  auditor,  and  refunds  of  advancas 
or  overpayments. 

154.  The  letter  to  bo  written  to  the  auditor,  a  copy  of  which  is 
to  bo  sent  to  this  department,  reporting  the  details  of  a  deposit, 
should  bo  substantial! V  in  the  followins:  form: 


INSTRUCTIONS   TO   UNITED    STATES    MARSHALS.  41 

District  of , 

Office  of  U.  S.  Marshal, 

Afarch  4,  1'914. 
Auditor  for  thf  State  and  other  Departments, 

Treasury  Department,  Washington,  D.  C 
Sir:  I  have  this  day  deposited  into  nonchtcking  account  (credit  Treasurer  U.  S.) 
the  following-described  sums: 

Fees  of  Jurors,  U.  S.  Courts,  1914,  unexpended  balance $100.  00 

Pees  of  Witnesses,  U.  S.  Courts,  1914,  unexpended  balance 200.  00 

(Unexpended  balances  deposited  by  direction  of  the  Attorney  General.) 

Support  of  Prisoners,  U.S.  Courts,  1913,  disallowance 10.  00 

Pay  of  Bailiffs,  etc.,  U.  S.  Courts,  1912,  collection  (per  dlems  of  Bailiff  Richard 
Roe,  March  1  and  2,  1912,  erroneously  charged  because  not  actually  in 
attendance;  see  examiner's  report) 6.  00 

Note.— Disallowances  and  collections  deposited  inHhis  manner  when  for  prior  years.     If  for  the 
current  fiscal  year  and  under  current  bond  deposit  as  shown  below. 

I  have  also  made  the  following-described  deposit  into  checking  account,  the  same  to 
be  held  by  the  U.  S.  Treasury  subject  to  my  check: 

Miscellaneous  Expenses,  U.  S.  Comts,  1914,  disallowance $5.  00 

I  have  also  made  the  following-described  deposit  into  nonchecking  account  (credit 
Treasurer  United  States) : 

Miscellaneous  revenues,  the  sum  of  $25.00,  being  the  proceeds  of  the  sale  of  an  old 
typewriter. 

These  deposits  were  made  under  my  bond  dated 

Respectfully, 

John  Doe,  U.  S.  Marshal. 
Note.— Deposits  of  amounts  disallowed  should  be  sufflcieutly  described  for  identification. 

155.  The  duplicate  certificate  of  deposit  which  is  furnished  by 
the  office  of  the  Treasurer  of  the  United  States  should  be  filed  in 
the  marshal's  office  in  such  manner  as  to  be  readily  accessible  when 
needed  for  reference. 

DISBURSEMENTS. 
GENERAL  INSTRUCTIONS,  CHECKS,  ETC. 

156.  Blank  checks  for  use  in  disbursing  moneys  held  as  deposits 
covering  costs,  technically  known  as  "other  funds,"  will,  of  course, 
be  furnished  by  the  local  depositary  in  which  said  funds  are  kept. 

157.  Blank  checks  for  use  in  disbursing  judiciary  funds  and  special 
deposit  funds,  kept  with  the  Treasurer  of  the  United  States,  will 
be  supplied  by  the  Treasury  Department.  Applications  for  such 
checks  prepared  upon  the  forms  provided  by  the  Treasury  should 
be  addressed  to  the  Division  of  Printing  and  Stationery,  Treasury 
Department.  Only  checks  so  procured  may  be  used  for  checkmg  on 
the  Treasurer  of  the  United  States. 

158.  Checks  on  judiciary  funds  must  have  the  marshal's  numerical 
checking  symbol  printed,  stamped,  or  written  in  the  lower  right-hand 
corner.  This  checking  symbol  must  be  ascertained  before  a  check 
is  drawn  on  the  Treasurer  of  the  United  States. 


42  INSTRUCTIONS    TO    UNITED    STATES    MARSHALS. 

1 59.  \^^ieii  a  marshal  rotiros  from  office,  his  unused  checks  should 
be  turned  over  to  his  successor,  who  will  use  them,  lining  out  at  once 
throughout  the  entire  unused  portion  of  the  book  the  retiring  mar- 
shal's checking  symbol  printed  thereon,  and  substituting  his  own. 
Such  transfers  of  (checks  should  be  reported  at  once  to  the  Division 
of  Printing  and  Stationery,  Treasury  Department. 

160.  If  any  erasure  or  alteration  is  made  in  an  official  check,  the 
marshal  must  certify  across  the  face  of  the  check  to  the  correctness 
of  such  erasure  or  alteration. 

161.  Spoiled  or  canceled  checks  should  be  sent  quarterly  to  the 
Auditor  for  the  State  and  other  Departments  for  preservation  and 
reference. 

162.  In  the  preparation  of  official  checks  care  shoidd  be  exer- 
cised to  have  the  writing  executed,  whether  with  pen  or  typewriter, 
with  a  permanent,  heavy  black  ink,  which  can  not  be  easily  erased 
without  removing  the  protective  surface  tinting  of  the  check. 

163.  There  must  be  a  brief  statement  on  the  face  or  back  of  each 
check,  clearly  indicatmg  the  object  or  purpose  for  which  it  was 
drawn,  as,  for  example,  "Fees  of  Jurors,  1915." 

164.  Unless  the  marshal  has  specific  authority  to  hold  money  at 
his  own  risk  and  pay  otherwise,  all  disbursements  of  judiciary  funds 
must  be  by  checks  upon  the  Treasurer  of  the  United  States,  drawn  in 
favor  of  the  payees  named  in  the  marshal's  accounts,  and  mailed,  or 
handed  directly,  to  said  payees. 

165.  The  mere  drawing  of  an  ofhcial  check  without  its  unrestricted 
dehvery  to  the  payee  does  not  constitute  a  payment  in  lawful  money 
for  wliich  a  marshal  may  claim  credit  in  his  accounts. 

166.  Marshals  ma}^  not  issue  any  certificate,  scrip,  or  other  form 
of  evidence  of  indebtedness  whereby  to  charge  the  United  States,  nor 
recogniz(!  nor  pay  the  same,  but  may  make  payments  only  upon 
presentation  of  the  pro])er  ])ay  rolls  or  other  duly  authenticated 
vouchers. 

167.  Section  104  of  tlie  Criminal  Code  (see  35  Stat.  L.,  1107)  pro- 
vides: 

"Whoever,  being  a  judge,  clerk,  or  deputy  clerk  of  any  court 
of  the  United  States  or  of  any  Territory  thereof,  or  a  United  States 
district  attorne}^  assistant  attorney,  marshal,  deputy  marshal,  com- 
missioner, or  other  person  liolding  any  oihce  or  employment  or 
position  of  trust  or  profit  under  tlie 'Govenmicnt  ot  the  Ignited 
States,  siiall.  cither  directly  or  indirectly,  purcliase  at  less  tliaji  the  full 
face  valuer  thereof  any  claim  against  the  United  States  for  the  fee, 
mileage,  or  cxp(>nses  of  any  witjiess,  juror,  deputy  mai-slud,  or  any 
other  oflicer  of  the  court  whatsoever,  sliall  l)e  lined  not  more  tlian 
one  thousaiul  dollars." 

168.  If  circumstances  render  it  unjjracticable  for  llie  marshal,  In 
person,  to  sign  all  oilicial  checks,  application  may  bo  made  for  author- 


INSTRUCTIONS   TO   UNITED    STATES    MARSHALS.  43 

ity  to  have  the  chief  deputy  sign  for  the  marshal  in  the  following 

form : 

John  Doe, 

U.  S.  Marshal, 
By  Richard  Roe, 

Deputy  Marshal. 

169.  Such  applications  should  state  fully  the  necessity  for  the  pro- 
posed action  rnd  submit  the  chief  deputy's  signature. 

170.  No  allowance  will  be  made  for  expenses  charged  for  collecting 
money  on  chec-ks. 

171.  Whenever  it  appears  that  an  official  check  issued  by  the  mar- 
shal has  been  lost,  stolen,  or  destroyed,  he  will,  upon  application  to 
the  department,  be  furnished  with  blank  forms  of  bonds  of  indem- 
nity, to  be  executed  by  the  party  or  parties  in  interest,  said  forms 
containing  full  detailed  instructions  concerning  the  issuance  of  dupli- 
cate checks,  or  (in  case  the  marshal  who  drew  the  check  is  out  of 
the  service)  the  statement  of  an  account  in  favor  of  the  owner. 

172.  Wlien  a  marshal  retires  from  office  and  thus  ceases  to  be  a 
disbursing  officer,  his  authority  to  disburse  judiciary  funds  ceases  to 
exist,  and  unexpended  balances  should  be  promptly  deposited  to  the 
credit  of  the  Treasurer  of  the  United  States  (nonchecking  account). 

173.  If  a  marshal  is  recommissioned,  and  is  thus  his  own  succes- 
sor in  office,  disbursements  from  funds  received  under  his  old  appoint- 
ment and  bond  should  terminate  on  the  day  next  preceding  the  day 
on  which  he  assumes  duties  under  his  new  appointment.  (See  pars. 
84  to  8S.) 

OUTSTANDING  AND  RETURNED  CHECKS. 

174.  Promptly  after  the  receipt  from  the  Treasurer  of  the  United 
States  of  the  montlily  statement  of  his  account  for  the  month  of  June 
of  each  year,  the  marshal  should  make  a  return  to  the  Secretary 
of  the  Treasury  of  all  checks  drawn  by  him  which  were  outstand- 
ing and  unpaid  for  three  full  fiscal  years  on  the  30th  of  June  of  that 
year,  stating  therein  the  number  of  each  check,  its  date,  and  amount, 
in  whose  favor  and  for  what  purpose  it  was  drawn,  the  number  of  the 
voucher  to  cover  which  it  was  issued,  and,  if  known,  the  residence  of 
the  payee. 

175.  If  any  of  the  outstanding  checks  thus  listed  have  been  re- 
turned, they  should  accompany  said  return. 

176.  It  should  be  noted  by  way  of  illustration  that  checks  dated, 
for  instance,  any  time  between  July  1,  1914,  and  June  30, 1915,  if  not 
previously  paid,  have  been  outstanding  for  three  full  fiscal  years  at 
the  close  of  business  on  June  30,  1918. 

177.  Checks  reported  as  above  to  the  Secretary  of  the  Treasury 
are  carried  to  the  credit  of  the  respective  payees  in  a  fund  denomi- 
nated "outstanding  liabilities."     The  payees  or  bona  fide  holders  of 


44  INSTRUCTIONS    TO    UNITED    STATES    MAUSIIALS. 

such  checks  may  obtain  the  money  due  thereunder  by  submitting 
their  claims  to  the  Secretary  of  the  Treasury  for  direct  settlement. 

178.  In  case  of  the  termination  of  the  services  of  an}'  disbursing 
officer  checks  previously  drawn  by  him  will  be  paid  from  the  funds 
to  his  cre(ht,  unless  such  checks  have  been  drawn  more  than  four 
montlis  before  their  presentation  or  reasons  exist  for  suspecting  fraud. 
Any  check  previously  dra\\Ti  by  him  and  not  presented  for  payment 
within  four  months  after  its  date  will  not  be  paid  until  its  correctness 
shall  have  been  attested  by  the  Comptroller  of  the  Treasury  or  his 
chief  clerk. 

DISBURSEMENTS  IN  CASH. 

179.  In  special  cases  only  and  where,  for  good  and  sufficient  rea- 
sons (such  as  the  illness  of  the  marshal  and  his  consequent  inability 
to  sign  checks),  it  is  impracticable  to  make  all  payments  by  checks, 
application  may  be  made  to  the  Department  of  Justice  for  the  issuance 
of  authority  by  the  Secretary  of  the  Treasury  for  the  marshal  to  keep 
on  hand  at  his  own  risk  a  certain  amount  of  public  money  from  wliich 
official  'payments  only  may  be  made  in  cash. 

180.  Particular  attention  is  invited  to  the  fact  that  aU  payments 
should  be  made  either  by  official  check  or  (if  the  mai-shal  has  received 
the  requisite  authority)  in  cash.  In  other  words,  mone}'  held  by 
marshals  at  their  own  risk  for  the  purpose  of  making  payments  in 
cash  should  not  be  disbursed  by  private  or  quasi  official  checks. 

181.  If  disbursements  from  judiciary  funds  are  made  in  cash,  re- 
ceipts must  be  taken  therefor  upon  the  current  forms  specifically 
provided  for  this  purpose  and  fastened  to  the  proper  vouchers.  In 
such  cases  a  subsidiary  cash  account  must  accompany  the  regular 
quarterly  account.  Printed  forms  for  this  subsidiary  cash  account 
are  not  deemed  necessary.  It  should  be  prepared  substantially  as 
indicated  by  the  following  form  and  attached  to  the  account  current: 


1915.    I 

July     I     Cash  on  hand 

Aug.  25     Ck.  No.  4201,  cash . 


1915.  I 

S300. 00      Sept.  30  Vouchered  expenditures  paid  \      $373. 18 

200.00  in  cash 

Sept.  30     Cash  on  hand 126.83 

■)00. 00  500. 00 

182.  If  a  marshal's  account  shows  a  balance  on  hand  in  cash  or  a  bal- 
ance carried  as  cash  on  account  of  partial  or  memorandum  payments, 
it  shall  be  the  duty  of  the  district  attorney,  in  person  or  by  his  assistant 
or  clerk,  upon  tlie  request  of  the  marshal,  to  be  present  at  the  close 
of  business  on  the  last  da}^  of  the  (juarter  or  otlier  jxM-ioil  for  which 
such  account  is  rendered,  during  the  counting  and  sche(Uiling  of  the 
items  of  cash  or  memorandum  payments  which  will  api)ear  in  the 
analysis  of  balance,  as  a  disinterested  witness,  who  will  v<M-ify  the 
counts  and  schedules  and  miike  a  ccrtilicate  accordingly  upon  the 
account  current.  • 


INSTRUCTIONS   TO   UNITED    STATES    MARSHALS. 


45 


ADVANCES  BY  MARSHALS. 

183.  Advances  to  clej)uties  or  other  officials  or  employees  of  money 
to  defray  prospective  expenses  of  travel  and  subsistence  arising  in  con- 
nection with  the  transaction  of  official  business  are  altogether  optional 
with  and  at  the  risk  of  marshals.  Instructions  pertaining  to  ad- 
vances to  witnesses  subpoenaed  to  attend  in  other  districts  will  })e 
found  in  paragraphs  526  to  535. 

WEEKLY  REPORTS  OF  RECEIPTS  AND  DISBURSEMENTS. 

184.  Reports  of  receipts  and  disbursements  prepared  upon  forms 
furnished  for  this  purpose  are  made  by  marshals  to  the  Attorney 
General,  promptly  after  the  close  of  business  on  Saturday  of  each 
week,  and  also  after  the  close  of  business  on  the  last  day  of  each 
quarter  of  the  fiscal  year. 

185.  If  no  disbursements  have  been  made  during  a  given  week,  the 
report  should  nevertheless  be  forwarded,  indicating  this  fact. 

186.  If  there  should  be  an  overdraft  under  a  given  appropriation  at 
the  close  of  a  week,  the  amount  of  such  overdraft  should  be  indicated 
in  red  ink  wherever  the  actual  balance,  if  any,  would  be  shown,  and 
should  be  carried  forward  in  red  ink  to  the  succeeding  report.  If, 
for  instance,  there  is  a  balance  on  hand  from  the  preceding  week 
under  "Fees  of  Witnesses,  U.  S.  Courts,-'  of  $500,  and  an  emergency 
demanding  the  immediate  payment  of  witnesses  necessitated  the 
expenditure  of  !S750  during  the  week,  the  overdraft  should  be  indi- 
cated substantially  as  shown  by  the  following  fictitious  sample 
report : 


. 

Fiscal 
year. 

Balances 
from  pro- 
ceding 
report. 

Received. 

Total. 

Ex- 
pended. 

Appropriations. 

Ad- 
vanced 

by 
United 
States. 

From 

other 

sources. 

Balances 
on  hand. 

Salaries,  Fees,  and  Expenses 

1 

o 
1914 

f  $633. 10 
1,000.00 
500. 00 
7.50. 00 
100. 00 
300. 00 

200. 00 
1,000.00 
1,500.00 

113.  26 

$500. 00 
500. 00 

$2.36 

.?1, 135.  46 

1,500.00 

500. 00 

750  00 

S217. 05 
427. 00 
750. 00 

$918. 41 

1,073.00 

O.d.250. 00 

750  00 

Fees  of  Witnesses 

Support  of  Prisoners 

Pay  of  Bailiffs,  etc 

200.00 
200. 00 

300  00 

50.00 
125  00 

95Q  00 

Miscellaneous  Expenses   . 

500. 00 

200. 00 
1,000.00 
1, 500. 00 

113. 26 

•J7S  c\r\ 

Salaries  and  Expenses,  District  At- 
tornevs 

... 

43  25           I5fi  1^ 

Pay  of  Regular  Assistant  Attorneys 

1,000.00 
1,500.00 

Salaries,  District  Judges 



Fees  of  Jurors 

1914 

43.72 

43.72 

43.72 

Pay  of  Bailiffs,  etc i 



Miscellaneous  Expenses 

1914 
1914 

89.10 
16.00 

89.10 
16.00 

40  00  i          4Q  ln 

Salaries  and  Expenses,  District  At- 

16.00 

Total  -■ 

6,24.5.18 

1,400.00 

2.36 

7,647.54 

1 

187.  Entirely  separate  reports  of  receipts  and  disbursements  must, 
of  course,  be  prepared,  covering  transactions  occurring  under   dif- 


46  INSTRUCTIONS   TO    UNITED   STATES   MARSHALS, 

ferent  bonds,  excepting   those   cases  wherein  an  additioiud  hond,   as 
distinguished  from  a  new  bond,  has  been  executed. 

INCOME  TAX  DEDUCTIONS. 

188.  Under  the  provisions  of  the  act  of  October  8,  1918  (see  38 
Stat.  L.,  166-181),  commonly  known  as  the  income-tax  law,  mar- 
shals, being  disbursing  officers,  are  withholding  agents  and  must 
make,  in  certain  specified  cases,  deductions  from  pa^'ments  made  by 
them  on  account  of  judicial  salaries  and  otherwise. 

189.  A  deduction  of  1  per  cent  must  be  made  from  the  excess  over 
$3,000  or  $4,000,  as  the  case  may  be,  paid  by  a  given  disbursing  offi- 
cer ^  during  any  given  calendar  year  to  a  given  payee.  In  order  to 
ascertain  whether  said  deductions  should  begin  after  payments  during 
the  year  have  aggregated  $3,000  or  $4,000,  exemption  certificates 
must  be  obtained  each  year  from  officials  and  employees  or  lessors, 
payable  by  marshals,  in  all  cases  where  the  probable  payments  will 
reach  $3,000  per  annum  or  over.  These  certificates  are  retained  until 
after  the  close  of  each  calendar  year  and  filed  with  the  animal  return 
of  amounts  withheld  made  to  the  local  collector  of  internal  revenue. 
In  the  case  of  LTnited  States  judges  exemption  certificates  should  be 
obtained  and  deductions  made  only  when  the  appointment  of  the 
judge  occurred  subsequent  to  October  3,  1913. 

190.  If,  for  instance,  an  ofFicial  who  is  a  single  man  has  been  paid 
by  a  given  marshal  $2,900  since  January  1  of  any  year  and  the  mar- 
shal is  about  to  make  payment  to  him  of  $600,  covering  his  monthly 
salary  ($500  of  which  will  be  in  excess  of  $3,000)  two  checks  should 
be  drawn  in  making  the  settlement,  one  in  favor  of  the  payee  for  $595 
and  the  other  in  favor  of  the  Treasurer  of  the  United  States  (except- 
ing in  the  district  of  Hawaii,  where  it  will  be  in  favoT  of  the  local 
depositary)  for  $5.  The  first  check  should  be,  of  course,  delivered  to 
the  paj-^ee.  The  check  for  $5  should  be  transmitted  to  the  Treasurer 
of  the  United  States  for  deposit  to  the  credit  of  the  marshal  in  liis 
special-deposit  account. 

191.  There  should  be  noted  upon  the  face  of  eacli  voucher  involved 
any  deduction  which  has  been  made  on  account  of  income  taxes.  Such 
vouchers  will  show  that  payment  has  been  made  by  two  cliecks 
instead  of  one.  Credit  will  be  claimed  in  the  marshal's  quarterly 
accounts  for  the  full  amount  paid,  both  the  amount  remitted  to  the 
payee  and  the  amount  witlilield,  and  ])oth  items  should  be  charged 
upon  the  funds  book.  The  i)ayee  should  be  advised  concerning  eacii 
deduction  when  the  checks  are  transmitted  to  him. 

192.  Special-deposit  accounts  are  to  be  maintained  in  the  cash- 
book,  a  sufficient  number  of  pages  to  be  allotted  therefor.     Into  such 

'  Payments  by  marshal's  predecessor  in  offlceare  not  to  be  takeji  into  consideration.    Payments  due 
at  death  of  an  omcer  are  not  sul)ject  to  deduction.    (See  21  Comp.,  552.) 


INSTEUCTIONS   TO   UNITED    STATES    MARSHALS.  47 

accounts  postings  should  be  made  from  the  funds  book  covering  the 
amounts  withheld.  Such  accounts  in  the  cashbook  should  show  the 
date  of  each  withholding  check,  from  whom  the  money  was  with- 
held, and  the  number  and  date  of  the  certificate  of  deposit  furnished 
by  the  Treasurer  of  the  United  States  after  he  receives  the  withhold- 
ing check.  This  special-deposit  account  will  be  closed  annually 
after  remittance  has  been  made  to  tlie  local  collector  of  internal 
revenue. 

193.  Personal  ledger  accounts  should  be  maintained  showing  all 
payments  made  to  each  official,  employee,  or  other  person  who  receives 
an  annual  compensation  sufficiently  large  to  bring  him  within  the 
probable  field  of  income-tax  deductions.  This  will  be  in  some  cases 
$3,000  and  in  others  S4,000  per  annum.  These  are  single-column 
memorandum  accounts.  There  should  be  entered  under  the  name 
of  each  such  official  not  only  the  amounts  paid  to  him  on  account  of 
compensation,  but  also  the  amounts  withheld  on  account  of  income- 
tax  deductions.  By  means  of  these  accounts  it  will  be  possible  to 
ascertain  when  to  begin  making  deductions  in  each  case,  and  there 
will  also  be  a  record  of  all  deductions  actually  made. 

194.  Great  care  should  be  exercised  to  avoid  confusion  between  the 
regular  disbursing  account  of  judiciary  funds  and  the  special-deposit 
account  of  income-tax  deductions.  A  separate  checking  symbol  and 
check  book  is  used  in  every  instance  where  a  check  is  drawn  against 
funds  standing  to  the  credit  of  the  marshal  in  his  special-deposit 
account. 

195.  After  the  close  of  each  calendar  year  marshals  should  ascertain 
whether  any  of  the  officials  from  whose  annual  compensation  a  deduc- 
tion'or  deductions  have  been  made  desire  to  file  any  claim  for  a 
refund  of  any  portion  of  the  amounts  deducted.  If  so,  they  should  be 
furnished  with  a  copy  of  Treasury  Form  No.  1008,  revised,  to  be  used 
for  this  purpose.  Such  applications  for  refund  may  be  filed  only 
during  the  period  from  January  1  to  January  29  of  the  following  year. 

196.  If  a  claim  or  claims  for  refund  are  received  and  found  to  be 
apparently  correct,  repayment  to  the  official  or  officials  should  be  made 
accordingly  by  drawing  a  check  against  moneys  standing  to  the  official 
credit  of  the  marshal  in  the  special-deposit  account,  using  the  special 
check  and  special  checking  symbol  provided  for  this  purpose.  Such 
disbursements,  if  any,  shoidd  be  properly  charged  in  the  space  afiotted 
in  the  cash  book  for  the  record  of  income-tax  moneys. 

197.  After  the  settlement  of  aU  applications,  if  any,  for  refund,  an 
annual  return  of  amounts  withheld  should  be  prepared  upon  Treasury 
Form  No.  1042.  This  return  must  be  transmitted  not  later  than 
March  1  to  the  local  coUector  of  internal  revenue. 

198.  After  making  the  above-mentioned  return,  the  marshal  should 
await  the  levying  of  an  assessment  on  him  under  said  return,  and  the 
receipt  of  a  notice  of  such  assessment  from  the  local  coUector  of 


48  TXSTRUCTIONS    TO    UNITED    STATES    MARSHALS, 

internal  revenue.  After  the  receipt  of  such  notice,  and  prior  to 
June  30,  the  marshal  should  draw  a  check  upon  his  special-deposit 
account  covering  the  amount  of  said  assessment,  using  his  special 
check  book  and  special  checking  symbol  provided  for  this  purpose. 
His  check  should  be  drawn  to  the  order  of  and  transmitted  to  the 
local  collector  in  liquidation  of  the  assessment.  It  should  close  and 
balance  his  special-deposit  account  for  the  calendar  year  involved. 

199.  The  original  or  a  certified  copy  of  the  notice  of  assessment 
from  the  collector  must  accompany  the  special-deposit  account  for 
quarter  during  which  remittance  is  made  to  said  collector.  (See 
Cir.  No.  33,  Comp.  Treasury,  dated  Aug.  11,  1914.) 

200.  A  quarterly  report  of  amounts  withheld  under  the  income-tax 
law  should  be  transmitted  to  the  department  with  each  quarterly 
account.  This  report  will  be  made  on  Forms  773,  774,  and  775.  If  no 
amounts  have  been  withheld  and  no  income-tax  moneys  are  in  hand, 
Form  774  should  nevertheless  be  transmitted,  indicating  this  fact. 

MONEYS  OTHER  THAN  JUDICIARY  APPROPRIATION 
AND  INCOME-TAX  FUNDS. 

201.  Funds  other  than  judiciary  and  income-tax  moneys  (recorded 
in  the  Cash  Book)  should  be  deposited  as  far  as  practicable  to  the 
marshal's  official  credit  with  the  Treasurer  of  the  United  States,  an 
Assistant  Treasurer,  or  a  regular  Government  depositary,  and  dis- 
bursed by  checks.  Such  moneys  should  be  kept  entirely  separate  and 
distinct  from  private  funds,  judiciary  appropriation  funds,  and 
income-tax  funds.  They  should  not  be  used  even  teniporarily  for 
advances  to  deputies,  witnesses  or  others. 

202.  A  quarterly  report  of  such  moneys  in  the  general  form  of 
clerk's  reports  to  the  attorney  general  of  moneys  other  than  registry 
funds  (see  paragraph  950)  should  be  prepared  and  transmitted  to  the 
Department  of  Justice  promptly  after  the  close  of  each  quarter,  under 
separate  cover,  and  not  with  the  regular  quarterly  accounts.  If  there 
are  no  funds  to  report  a  statement  should  nevertheless  be  transmit- 
ted, indicating  this  fact. 

203.  Such  report  should  show  conditions  at  the  close  of  business 
on  the  last  day  of  each  quarter  as  follows: 

(a)  The  number  and  title  of  each  case,  and  tlie  balance  on  hand 
therein. 

(h)  The  total  amount  of  all  such  items. 

{(■)  The  name  and  location  of  the  depositary,  the  exact  title  of 
the  account,  and  the  amount  on  deposit. 

(d)  The  cash  on  hand,  if  any. 

(e)  The  number,  date,  and  amount  of  each  outstanding  check. 

204.  The  sum  of  items  c  and  d,  less  the  aniount  of  item  e,  should 
e(|ual  item  b,  as  above  described,  otherwise  the  discrepancy  must  be 
explained. 


CHAPTER  HI. 
SERVICE  OF  PROCESS. 


Page. 

General  instructions 49 

Docketing,  delivering,  and  reporting  service  of  writs 49 

Procedure  in  serving 50 

Summoning  jurors 51 

Reports  involving  property  interests  of  the  Government  and  collections  of  reve- 
nues and  debts  due  the  United  States 52 

Resistance  or  defiance  of  Federal  authority,  special  deputies,  poesemen 53 

GENERAL  INSTRUCTIONS. 

205.  When  deputies  arc  absent  from  their  official  headquarters 
in  the  service  of  process,  they  should  keep  the  marshal  constantly 
advised  of  their  whereabouts,  reporting  at  the  close  of  each  day  where 
they  are  located  and  where  they  expect  to  be  on  succeeding  days. 

206.  Unserved  process  remaining  in  the  hands  of  a  marshal  or  his 
deputy  must  be  delivered  to  the  succeeding  marshal  upon  request; 
likewise  an  outgoing  deputy  must  deliver  to  his  principal,  upon 
request,  all  process  remaining  in  his  hands.     (See  30  Stat.  L.,  1237.) 

207.  A  warrant  of  arrest  does  not  run  beyond  the  district  in  which 
it  issues.  Fees  and  expenses  for  serving  such  writs  in  another  dis- 
trict are  not  allowable.     (See  1  Comp.,  127,  and  10  Comp.,  438.) 

208.  While  a  warrant  of  arrest  does  not  run  beyond  the  district 
where  issued,  it  may  be  used  in  another  district  as  a  foundation  for 
securing  the  removal  and  arrest  of  the  defendant.  (See  sec.  1014, 
R.  S.  U.  S.,  and  10  Comp.,  438.) 

209.  Warrants  of  arrest  must  contain  a  sufficient  description  of 
the  person  to  be  apprehended  to  enable  identification.  Otherwise 
deputies  are  not  entitled  to  fees  or  expenses  for  serving  them.  Simple 
John  Doe  warrants  are  not  valid  or  legal  writs.  (vSee  16  Comp., 
891.) 

210.  All  copies  of  writs  should  be  made  in  the  marshal's  office  by 
the  office  force. 

DOCKETING,  DELIVERING,  AND  REPORTING 
SERVICE  OF  WRITS. 

211.  Ordinarily  writs  issued  by  clerks  of  courts  and  commissioners 
should  be  sent  directly  to  the  marshal's  office  for  docketing  and  dis- 
tribution among  the  deputies  for  service.  Instructions  as  to  docket- 
ing will  be  found  in  paragraph  252a. 

895—16 4  49 


50  INSTRUCTIONS    TO    UNITED    STATES    MARSHALS, 

212.  If  circumstances  will  not  admit  of  the  delay  incident  to  send- 
ing writs  to  the  marshal's  office,  they  may  be  handed  or  mailed 
directl}'  to  the  deputy  located  nearest  the  probable  ])lace  of  service, 
but  in  all  such  cases  the  deputy  must  immediately  notify  the  marshal 
on  Form  645,  giving  all  the  information  indicated  by  the  form. 

213.  After  docketing,  writs  should  be  sent  to  the  deputy  nearest 
the  probable  place  of  service,  unless  the  deputies  have  been  assigned 
to  certain  territory,  in  which  event  they  shouhl  be  distributed  accord- 
ing to  such  assignments.  The  question  of  unnecessary  travel  is 
involved  in  every  case  where  a  writ  is  served  by  a  deputy  who  is  not 
nearest  the  place  of  service,  and  explanation  will  be  recjuired  incident 
to  the  allowance  of  mileage  or  expenses. 

214.  A  report  of  the  service  of  each  writ  prepared  on  Form  32 
should  be  promptly  transmitted  to  the  marshal's  office. 

PROCEDURE  IN  SERVING. 

215.  Subpoenas  should  be  served,  as  far  as  practicable,  on  trips 
taken  for  the  purpose  of  executing  warrants.  It  is  the  duty  of  depu- 
ties to  exercise  all  reasonable  diligence  in  locating  witnesses.  The 
service  of  subpoenas  may  not  be  intrusted  to  private  individuals. 

216.  When  subpoenas  are  served  on  salaried  Government  officials 
or  employees,  they  should  be  notified  that  they  Mall  receive  actual 
expenses  only  and  advised  that  they  should  obtain  receipts  for  lodg- 
ing, subsistence,  hire  of  vehicles,  stage  fare,  and  other  like  items. 

217.  With  the  exceptions  noted  below,  defendants  must  be  taken 
before  the  commissioner  or  other  judicial  officer  having  jurisdiction 
nearest  the  place  of  arrest.  If  such  official  is  absent  or  does  not 
hear  the  case,  the  prisoner  should  be  taken  before  the  next  nearest 
official  having  jurisdiction.  (See  pars.  427  to  433;  see  also  28  Stat. 
L.,  416.) 

218.  The  following  are  modifications  of  the  rule  ref|uirhig  defend- 
ants to  be  taken  before  the  nearest  commissioner: 

(a)  If  a  defendant  is  arrested  on  a  commissioner's  warrant,  based 
on  an  indictment  found  in  another  district,  he  need  not  be  taken 
before  a  commissioner  unless  to  give  bond,  but  may  bo  taken  direct 
to  the  judge  for  a  warrant  of  removal  to  be  issued. 

(b)  Commissioners  may  be  specially  designated  hi  Chinese-exclusion 
cases.     (See  pars.  432  and  433.) 

(c)  Persons  arrested  on  writs  of  capias  should  be  taken  chrectly  to 
court,  if  in  session,  unless  the  defendant  desires  to  and  can  give 
bond  for  his  appearance,  hi  which  case  he  should  be  taken  before 
the  nearest  commissioner  for  that  purpose.  (See  Comp.  to  Marshal 
Allen,  Oct.  17,  1900.) 


INSTRUCTIONS   TO   UNITED    STATES    MARSHALS.  51 

SUMMONING  JURORS. 

219.  Provisions  governing  the  method  of  drawing  jurors,  their 
quahfications,  exemptions,  etc.,  will  be  found  in  chapter  12  of  the 
Judicial  Code.     (See  36  Stat.  L.,  1164  to  1166.) 

220.  Writs  of  venire  facias  are  ordinarily  served  and  returned  by 
the  marshal  or  his  deputies.  If  the  marshal  or  his  deputy  is  inter- 
ested hi  the  event  of  the  cause,  special  appointment  may  be  made 
by  the  court  for  the  service  of  the  wTit.     (See  sec.  279,  Judicial  Code.) 

221.  Persons  residing  elsewhere  than  at  the  place  where  court  is 
held  should  be  served  by  registered  mail.  (See  sec.  279,  Judicial 
Code.)  The  receipts  for  the  registered  letters  obtained  by  the  Post 
Office  Department  from  the  persons  so  summoned  may  be  returned 
to  the  clerk  of  the  court  with  the  return  of  service  of  the  venire. 

222.  The  marshal  should  see  that  there  is  printed  or  stamped  upon 
the  reverse  side  of  each  summons  for  a  juror  (Form  58),  mailed 
or  otherwise  served,  the  foUow^mg  notice: 

Special  notice. — If  you  have  moved  out  of  tlie  judicial  district,  wish  to  claim 
exemption  from  jury  service,  or  desire  to  be  excused  from  such  duty,  you  should 
state  the  facts  briefly  and  clearly,  supporting  your  statement  by  affidavit  and  mailing 
it  at  once  to  the  United  States  district  judge.  Unless  so  ordered  by  the  court,  mileage 
or  per  diems  will  not  be  paid  to  any  person  who,  desiring  to  be  excused  or  having 
removed  from  the  district,  fails  to  observe  the  above  instructions. 

223.  When,  from  challenges  or  otherwise,  there  is  not  a  petit  jury 
to  determine  any  civil  or  criminal  cause,  the  marshal  or  his  deputy 
shall,  by  order  of  the  court  in  which  such  defect  of  jurors  nappens, 
return  jurymen  from  the  bystanders  sufficient  to  complete  the  panel. 
If  the  marshal  or  his  deputy  is  disqualified,  jurors  may  be  so  returned 
by  such  disinterested  person  as  the  court  may  appoint,  and  such  per- 
son shall  be  sworn  as  provided  by  law.     (See  36  Stat.  L.,  1165.) 

224.  When  special  juries  are  ordered  in  any  district  court,  they 
shall  be  returned  by  the  marshals  in  the  same  manner  and  form  as 
is  required  in  such  cases  by  the  laws  of  the  several  States.  (See  36 
Stat.  L.,  1165.) 

225.  Every  grand  jury  impaneled  before  any  district  court  shall 
consist  of  not  less  than  16  nor  more  than  23  persons.  If  of  the  per- 
sons summoned  less  than  16  attend,  they  shall  be  placed  on  the 
grand  jury,  and  the  court  shall  order  the  marshal  to  summon,  either 
immediately  or  for  a  day  fixed,  from  the  body  of  the  district  and 
not  from  the  bystanders,  a  sufficient  number  of  persons  to  complete 
the  grand  jury.  And  whenever  a  challenge  to  a  grand  juror  is 
allowed,  and  there  are  not  in  attendance  other  jurors  sufficient  to 
complete  the  grand  jury,  the  court  shall  make  a  like  order  to  the  mar- 
shal to  summon  a  sufficient  number  of  persons  for  that  purpose. 
(See  36  Stat.  L.,  1165.) 


52  INSTRUCTIONS    TO    L'NITED    STATES    MARSHALS. 

REPORTS  INVOLVING  PROPERTY  INTERESTS  OF  THE  GOVERN- 
MENT AND  COLLECTIONS  BY  EXECUTION  OR  OTHERWISE  OF 
REVENUES  AND  DEBTS  DUE  THE  UNITED  STATES. 

227.  On  receipt  of  an  execution,  distress  warrant,  or  other  writ 
requiring  the  collection  of  money,  or  the  sale  or  seizure  of  property,  in 
all  civil  United  States  cases  (except  internal  revenue),  the  marshal 
shall  immediately  report  to  the  Solicitor  of  the  Treasury,  on  Form  8, 
the  date  of  the  receipt  of  the  same  and  other  information  therein  tq- 
quired,  and  shall  })erform  his  duty  zealously  in  searching  for  projierty, 
in  making  levy,  sale,  and  return,  or  in  any  other  usual  and  proper  efforts 
for  the  collection  of  the  money. 

228.  Immediately  after  the  return  of  any  of  such  writs,  or  order  of 
sale,  the  marshal  shall  make  further  report  to  the  Solicitor  of  the 
Treasury,  on  Form  4  of  all  that  has  been  done  under  the  writ;  and 
shall  also  make  a  similar  report  to  the  district  attorney. 

229.  Where  a  marshal,  in  a  United  States  case  (except  internal 
revenue) ,  makes  a  seizure  or  a  levy,  he  will  report  to  the  Solicitor  of 
the  Treasury  a  full  description  of  the  property  seized  or  levied  upon, 
in  whose  possession  found,  where,  how,  by  whom;  upon  what  terms 
kept,  and  how  long  it  will  be  necessary  to  keep  it. 

230.  In  cases  where  the  return  is,  in  substance,  "no  property  to  be 
found,"  the  marshal  will  also  specially  report  to  the  Solicitor  of  the 
Treasmy  and  district  attorney  the  situation,  residence,  and  circum- 
stances of  the  party  against  whom  the  writ  was  issued;  whether  the 
debtor  has  any  means  within  or  out  of  the  district  which  can  be 
reached  by  the  United  vStates;  or  whether  the  debt  is  valueless. 

231.  If  at  a  marshal's  sale  in  a  United  States  case  (except  internal 
revenue),  no  one  bids  to  the  amount  of  the  execution.,  or  one-half  of 
the  cash  value  of  the  property  offered,  he  will  postpone  the  sale,  and 
give  notice  to  the  United  States  attorney  and  the  Solicitor  of  the 
Treasury,  except  in  cases  where  by  such  postponement  the  lien  would 
be  lost,  or  the  interest  of  the  Government  otherwise  seriously  jeopard- 
ized. In  the  latter  case,  if  he  shall  deem  it  necessary,  to  save  the 
dtbt,  he  will  consider  the  United  States  as  bidding  such  amount,  not 
greater  than  one-half  the  casli  value  of  the  property,  as  he  shall  deem 
proper  for  its  interest.  Should  the  United  States  become  the  pur- 
chaser of  the  property,  the  marslial  will  take  care  of  the  same  and 
promptly  report  all  action. 

232.  When  real  estate  shall  be  ])urchased  at  a  marshal's  sale  by  or  for 
the  United  ^States  (except  in  internal-revenue  cases),  the  marshal  will 
immediately  transmit  to  (he  Solicitor  of  the  Treasury  his  certificate  of 
sale,  according  to  tlie  law  and  usages  in  his  (Ustrict ;  and  when  the  pur- 
chaser shall  be  entitled  thereto,  such  marshal  shall  execute  his  deed 
for  llu>  property  to  the  United  States,  causv*  the  same  to  be  placed  on 


INSTRUCTIONS   TO   UNITED    STATES    MARSHALS,  53 

record,    and    immodiatoly    thorcafter    transmit    such    deed    to    the 
Solicitor  of  the  Treasury. 

233.  If  the  real  estate  sold  is  not  redeemed,  he  will  immediately 
report  the  fact  to  the  Solicitor  of  the  Treasury, 

234.  On  receiving  money  in  the  United  States  cases  (except 
internal  revenue)  marshals  will  promptly  pay  same  over  to  the  clerk 
of  the  court,  report  the  matter  to  the  district  attorney  and  the 
Solicitor  of  the  Treasury,  stating  when,  from  whom,  and  on  what 
account  it  was  received. 

235.  Marshals  will  give  notice  in  writing  to  the  district  attorney  of 
all  acts  of  trespass  and  all  breaches  of  the  customs  revenue  or  other 
laws  (except  internal  revenue)  whereby  pecuniary  penalties  in  favor 
of  the  United  States  have  been  incurred  by  the  wrongdoers  which 
shall  come  to  the  knowledge  of  such  officer  or  of  which  he  shall  be 
credil)ly  informed,  stating  the  particular  act,  with  the  time  when 
committed,  and  the  names  of  the  witnesses,  if  known,  and  sliall 
immediately  forward  to  the  Solicitor  a  copy  of  such  notice. 

236.  These  instructions  apply  to  forfeited  recognizance  cases 
arising  from  violations  of  internal-revenue  laws,  such  cases  being 
included  in  the  class  of  general  civil  cases  and  not  as  mternal  revenue, 

237.  United  States  marshals  will  report  to  the  Solicitor  of  the 
Treasury  the  existence  and  situation  of  any  property  belonging  to 
the  United  States  which  is  not  in  the  care  of  any  officer  or  agent  of 
the  Government,  to  the  end  that  it  may  be  protected  and  preserved. 
If  he  shall  discover  that  any  claim  in  favor  of  the  Government,  not 
in  his  hands,  can  be  collected,  he  will  report  to  the  Attorney  Gen- 
eral, and  recommend  the  best  mode  of  proceedmg.  He  will  also 
report  immediately  to  the  Attorney  General  any  default  of  a  United 
States  attorney,  clerk,  collector,  or  other  person  engaged  in  the 
collection  of  any  debt  due  to  the  United  States,  or  of  the  customs 
revenue,  or  in  the  disbursement  of  any  money  belonging  to  the 
Government. 

RESISTANCE  OR  DEFIANCE  OF  FEDERAL 
AUTHORITY. 

238.  If  special  deputies  or  possemen  should  be  needed,  by  reason 
of  unusual  resistance  or  defiance  of  Federal  authority,  actual  or 
anticipated,  action  should  be  taken  as  directed  in  paragraphs  349 
to  354  entitled  "Extraordinary  Expenses." 


CHAPTER  IV. 
BOOKS  AND  RECORDS. 


Page. 

General  instructions 54 

United  States  funds  book 54 

Cash  book 60 

Dockets. ". (51 

Ledger 06 

Register  of  United  States  prisoners 75 

Files  and  memorandum  records 76 


GENERAL  INSTRUCTIONS. 

239.  The  following-named  books  are  furnished  by  the  Department 
for  marshals'  offices  and  may  be  obtained  when  needed  by  making 
requisition  prepared  on  Form  17  A: 

(a)  United  States  funds  book. 

(h)  Cash  book. 

(c)  Criminal  docket. 

(d)  Civil  docket. 

(e)  Ledger. 

(/)  Register  of  United  States  prisoners  in  county  jails. 

Note. — Corrections  in  tliese  books  must  be  made  by  cancellation,  never  by  erasure. 

240.  In  executing  the  work  upon  these  books,  which  sjiould  be  kept 
up  to  date,  the  principles  and  methods  set  forth  in  the  following 
directions  and  illustrations  should  govern: 

UNITED   STATES  FUNDS  BOOK. 

241.  This  is  a  ])ook  of  original  entry  for  all  cash  transactions 
involving  judiciary  funds.  Different  appropriations,  as  well  as  the 
same  appropriations  for  different  fiscal  years,  must  be  carried  in 
separate  columns. 

242.  There  should  be  entered  in  tliis  l)ook  iukKm-  the  ca|)tion 
"Received  "  — 

(a)  All  moneys  advanced  unchM-  Ihe  various  judiciary  a])i)r()|)ria- 
tions. 

(h)  AH  moneys  collected  from  [)ayees  on  account  of  overpayments, 
disallowances,  or  otherwise. 

Note. — As  to  ropaymonts  of  items  disallowed,  see  also  i)aragruph  255''  under  the 
heading  "Ledger." 
54 


INSTRUCTIONS   TO   UNITED    STATES    MARSHALS.  55 

243.  There  should  be  entered  under  the  caption  "Disbursed" — 

(a)  AW  payments  made  from  judiciary  appropriations. 

(b)  All  deposits  to  the  credit  of  the  Treasurer  of  the  United  States, 
nonchecking  account. 

244.  After  the  close  of  business  on  the  last  day  of  each  quarter 
the  columns  of  this  book  should  be  footed,  and  it  should  be  balanced 
in  the  usual  manner.  These  balances,  as  well  as  disbursements  made 
during  the  quarter,  as  shown  by  the  ''funds  book,"  must  agree  with 
the  balances  and  disbursements  as  shown  by  the  quarterly  account 
current. 

245.  After  the  book  has  been  balanced  an  analysis  of  balance 
should  be  made  by  comparison  with  the  Treasurer's  monthly  state- 
ments. This  analysis,  which,  if  properly  executed,  will  serve  as  a 
verification  of  the  work  on  the  funds  book  for  the  quarter,  should 
be  entered  upon  the  left  side  of  the  book,  in  the  following  manner: 

(a)  On  depysit  with  the  Treasurer  of  the  United  States  at  the  close  of , 

as  shown  by  Treasurer's  statement $ 

(6)  Deduct  outstanding  checks  as  follows 

(Number,  date,  and  amount  of  each  check  outstanding.) 

(c)  Net  balance  in  Treasury 

(d)  Add  cash  on  hand,  if  any 

(e)  Add  outstanding  advances  to  witnesses,  or  others,  if  any 

(/)  Add  balance  due  the  United  States  marshal,  if  any 

(g)  Total  balance  due  the  United  States  (as  shown  l)y  the  funds  book  and 
account  current) 

246.  The  balances  shown  to  be  due  the  United  States  at  the  close 
of  each  quarter,  as  aforesaid,  and  the  balances,  if  any,  shown  to  be 
due  the  marshal,  should  be  carried  forward  in  the  funds  book,  the 
former  under  the  caption  "Received"  and  the  latter  under  the  cap- 
tion "Disbursed,"  and  the  transactions  of  the  next  quarter  recorded 
with  these  balances  as  a  basis. 

247.  The  dates  of  the  items  covering  amounts  credited  on  requi- 
sitions should  be  the  dates  of  the  Treasury  warrants.  Such  ad- 
vances should  be  entered  upon  receipt  of  notices  fi'om  the  Depart- 
ment of  Justice.  The  dates  and  numbers  of  the  warrants  may  be 
entered  afterwards  upon  receipt  of  formal  notices  from  the  Treasury. 

248.  The  method  of  entering  an  advance  to  a  witness  and  the 
manner  of  carrying  an  overdraft,  as  set  forth  in  the  illustration 
given,  should  be  carefully  noted.  An  overdraft  in  excess  of  the 
marshal's  total  balance  subject  to  check  should  never  be  made. 


56 


INSTRUCTIONS    TO    UNITED    STATES    MARSHALS. 


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INSTRUCTIONS   TO   UNITED    STATES    MARSHALS. 


57 


other  data. 

Disallowed  by 
Auditor,    in 
accoimts  for 
Mch.        qr., 
1915. 

3?;S 

III 

o 

i 

S491. 45 
6,150.00 

14.15 

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1 

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1915. 

CO 

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^ 

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and  Ex- 
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8 

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Year. 

s 

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Att'ys, 
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and 
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etc.. 
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§ 

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8 

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of 

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8 

1 

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I 

1 
i 

Judiciary  warrant.  Dept. 
notice  dated  June  25, 191.5. 

Repaid  by  W.  L.  Stewart, 
U.  S.  Mar.i 

Repaid  by  W.  L.  Stewart, 
U.  S.  Mar.  (office  ex- 
penses).2 

Repaid  by  W.  M.  Chester- 
field, field  deputy. 

Repaid  by  SamuelGordon, 
witness. 

Balance  due   U.   S.   Mar. 
[constructive]. 

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rant 

num- 
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1 

1 

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1 

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58 


INSTRUCTIONS    TO    UNITED    STATES    MARSHALS. 


1 
Other  data. 

1 

$18.  20 

Fees 
of  Wit- 
nesses, 
Fiscal 
Year 
1915. 

g         ::::::::::: 

Sala- 
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Salaries,  |    Fees, 
District  'and  Ex- 
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Current  j  of  Mar- 
Fiscal    i  shals. 
Year.        Fiscal 
!    Year 
'    1915. 

Pay  of 
Regular 
Assist- 
ant 
Att'ys, 
Current 
Fiscal 
Year. 

1 
Salaries 

and 
Expenses 

of 
District 
Att'ys, 
Current 
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Year. 

; 

;' 

Miscel- 
laneous 

Ex- 
penses, 
Current 
Fiscal 
Year. 

w 

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etc., 
Cun-ent 
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: 

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port of 
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Current 
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of  Wit- 
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of 

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Current 

Fiscal 

;  Salaries, 
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of 

Marshals, 

Current 

Fiscal 

Year. 

1  Fxpense 
Incurred 
During 
Quarter 
Ended— 

1 

Names,  etc. 

3  O 

y  :'::::  : 

:  :  :o  o 
:  :  :«&. 

;  :  :'  S'^'S 

=  :::::: 

Date. 

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INSTRUCTIONS   TO   UNITED    STATES    MARSHALS. 


59 


other  data. 

P  MiN 

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port of 
I  rison- 

ers. 
Fiscal 

Year 

1915. 

Fees 
of  Wit- 
nesses, 
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1915. 

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shals, 
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1915. 

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Year. 

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Assist- 
ant 
Att'ys, 
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Year. 

§  ;    i ; ;  i : 

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and 
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of 
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Att'ys. 
Current 
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si      ;  i  i  :  : 

ii   MM: 

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J   X- 

penses, 
(.Current 
Fiscal 
Year. 

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etc.. 
Current 
Fiscal 
Year. 

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port of 
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Fiscal 
Year. 

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Fees 
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nesses, 
Current 
Fiscal 
Year. 

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of 
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Current 
Fiscal 
Year. 

S  :      :  :  ;  1  I 

U  ■      '.'■'.■■ 

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of 

Marshals, 

Current 

Fiscal 

Year. 

i  iMni^ 

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1 

1 

Balance  due  U.  S 

Judi  iarv  warrant;    Dept. 
noticedatedOct.24, 1915. 

AmouiitV" 'carried 

Forward. 

War- 
rant 

num- 
ber. 

;i    M  i  i  i 

! "        !    1    1    1    1 

Date. 

1 

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Is   ! : ; ; ; 

60 


INSTRUCTIONS    TO    UNITED    STATES    MARSHALS. 


CASH  BOOK. 

249.  This  is  a  book  of  original  ontiy  for  iiU  moneys  of  every  char- 
acter received  or  disbursed  by  the  marshal  in  his  official  capacity, 
other  than  judiciary  appropriation  funds  recorded  in  the  United 
States  funds  book.  The  cash  book  and  the  funds  book  are  records 
of  entirely  different  classes  of  moneys,  which  are  to  be  maintained 
entirely  separate  and  distinct. 

250.  Each  entry  should  clearly  state  the  facts  and  represent  an 
actual  cash  transaction.  If,  however,  a  marshal  simply  exchanges 
receipts  with  the  clerk  of  the  court  covering  earnings  of  the  marshal's 
office,  without  a  corresponding  interchange  of  money,  entries  should 
be  made  covering  such  receipts  as  if  the  money  had  been  actually 
received  by  the  marshal  and  repaid  to  the  clerk. 

251.  Space  should  be  set  apart  in  this  book  for  income-tax  moneys, 
as  directed  in  paragraph  192. 


Cash  Booh. 


W.  L.  Stewart,  U.  S.  Marshal. 


Docket 
and  No. 

Cheek 
No. 

Date. 

Civ.  3866 

1915. 
July     1 

"     3874 

2 

«       i< 

120 
121 

"      19 
Aug.    2 

"       14 

"     3866 

"       17 

"     3866 

"       " 

"122' 
3 
4 

u         V, 

5 

8 
9 

"       30 
Sept.  30  1 

Civ.  3866 

,,. 

191.3. 
Oft.      1 

"       <s 

"     3874 

130 
131 

"    11 

1 

Funds  other  than 
United  States. 


Received.  Paid  out. 


Total. 


Fee.s 


.\.  M.  sterling,  I 


BiilaiH'O  l)io"l  down 

dates  V.  "E.  (iold.strom.' 
Clk 

Milton  V.  Loose.     Fees  to  A.  M.  Sterling,  Clk 

Same  v.  Same.    Bal.  plff's  deposit  to  Jackson  &  Hen- 
son,  .\ttys 


15. 00 
10.00 


(iates  V.  "  E.  Goldstrom.''    Deposit  for  costs  by  Hod 

son,  PllT's  Atty 

Milton  V.  I^oose.    Deposit  for  costs  by  Jackson  &  Hen 

son,  Attys 

Same  v.  Same.     Fees  to  A.  M.  Sterling,  Clk 

.W.U.Tel.  Co.   Tel.  to  J.  &H.,  Plff's 

Attys 

Same  v.  Same.     Deposit  for  costs  by  Gans  &  Haraan, 

Dft's  Attys 2.00 

Gates  V.  "E.  Goldstrom''.    Proceeds  sale  of  boat,^ 

from  Farmers  &  Merchants  Trans.  Co 280. 00 

Same  v.  Same.    Fee  for  bill  of  sale,  from  Wm.  P.  Law- 

,son 1.00 

Same  v.  Same: 

Advertising,  to  0.  C.  Fulton  &  Co 

"  to  L.  C.  Quinn  &  Sons 

Towage,  to  George  W.  Smith 

Auctioneer,  to  N.  B.  Lobe  &  Co 

Cnsiodiaii.  to  Lpwi.s  Bozanzo 

Disirili.  bills,  to  Noah  T.  Stanton ' 

Net  proceeds  sale,  to  .\.  M.  Sterling,  Clk 

Kefuiid  of  deposit,  to  T.  S.  Hodson,  .\tty 

Balance 


308.00 


12.  45 

2.00 

1..50 

15.00 

20. 50 

.70 

206.95 

15.00 

30.96 


308.00 


21.90 
4.00 


INSTRUCTIONS   TO   UNITED    STATES    MARSHALS.  61 

CIVIL  AND  CRIMINAL  DOCKETS. 

252.  One  page  is  allotted  for  each  case  in  these  hooks.  Each 
page  consists  of  the  following  primary  divisions: 

(a)  Issuance  of  process. 

Entries  hereunder,  technically  known  as  tlie  docketing'  of  writs,  shovild  be  made 
from  the  writs  themselves  immediately  upon  receipt  and  before  service,  excepting 
as  to  writs  which  are  handed  to  deputies  by  clerks  of  courts  or  commissioners  for 
immediate  service,  when  they  will  be  made  from  the  report  of  such  action  submitted 
on  P'orm  645.     (See  pars.  211  to  214,  under  service  of  process.) 

(b)  Execution  of  process. 

(c)  Fees  and  expenses  in  the  service  of  process. 

Entries  in  these  diAdsions  should  be  made  from  Form  32,  or  from  the  statement 
prepared  on  the  regular  account  blank  by  the  officer  serving  the  writs.  Fees  and 
expenses  must  be  fully  itemized. 

(d)  Moneys  received. 

(e)  Moneys  paid  out. 

Entries  in  these  divisions  should  be  made  by  posting  from  the  cash  book. 

253.  All  fees  earned  and  expenses  incurred  in  suits  between  indi- 
viduals and  corporations  must  be  recorded  and  itemized  in  the  civil 
docket. 


62 


INSTEUCTIONS   TO   UNITED   STATES   MARSHALS. 


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66  INSTRUCTIONS   TO    UNITED   STATES   MARSHALS. 

LEDGER. 

254.  The  following  accounts  arranged  in  the  order  indicated  by 
the  ledger  form,  with  the  name  of  the  marshal  entered  at  the  head 
of  each  page,  should  be  maintained : 

(a)  Individual  accounts  of  the  marshal  and  each  salaried  deputy. 

(b)  Individual  accounts  of  field  deputies. 

(c)  Office  expense  accounts  of  marshal  and  attorney. 

(d)  Specific  appropriation  accounts. 

(e)  Consohdated  or  general  appropriation  account. 
(/)  Account  of  earnings  collected. 

(g)  Account  of  uncollected  earnings. 

{h)  Individual  memorandum  accounts  covering  income-tax  deduc- 
tions.    (See  par.  193.) 

METHOD  OF  POSTING  ITEMS  TO  LEDGER  ACCOUNTS. 

255.  Postings  should  be  made  to  the  ledger  as  follows: 

FROM  THE  UNITED  STATES  FUNDS  BOOK. 

(a)  The  total  amount  of  each  Treasury  warrant  to  the  consohdated 
appropriation  account,  and  the  specific  amount  credited  to  each 
appropriation  thereunder,  to  the  proper  appropriation  account. 

(b)  Collections  on  account  of  disallowances  or  otherwise:  To  the 
appropriate  account  of  the  individual  or  corporation  from  whom 
received  when  such  an  account  is  maintained  in  the  ledger,  or  the 
accounts  of  "Office  Expenses." 

(c)  Disbursements  made  to  individuals  with  whom  a  ledger  account 
is  maintained  or  amounts  withheld  on  account  of  income-tax:  To 
the  proper  individual  accounts,  excepting  that  amounts  paid  on 
account  of  salary  to  marshals  and  deputies  not  subject  to  income- 
tax  deductions  need  not  be  posted. 

(d)  Deposits  to  the  credit  of  the  Treasurer  of  the  United  States 
(nonchecking  account) ;  the  total  amount  to  the  consolidated  appro- 
priation account  and  the  specific  amount  under  each  appropriation  to 
the  proper  appropriation  account. 

(e)  Payments  made  on  account  of  office  expenses;  to  the  proper 
office  expense  accounts. 

FROM  THE  CASH  BOOK. 

256.  Earnings  collected  from  individuals  and  corporations  after  the 
rendition  of  the  account  for  the  quarter  in  which  they  were  earned; 
to  the  account  of  uncollected  earnings  in  the  ledger.  (See  paragraphs 
260  to  263.) 


INSTRUCTIONS  TO  UNITED  STATES   MAESHALS.  67 

257.  FROM  THE  DOCKETS. 

(a)  The  fees  earned  and  the  expenses  payable  by  the  United  States 
to  the  marshal  and  each  deputy;  to  the  proper  individual  accounts 
in  the  lodger. 

(6)  Earnings  collected  in  each  case,  as  shown  by  the  civil  docket 
and  the  payment  thereof  to  the  clerk  of  the  court;  to  the  account  of 
earnings  collected. 

258.  FROM  THE  QUARTERLY  ACCOUNTS. 

(a)  The  aggregate  amount  of  each  account  stated  by  appropria- 
tions; to  the  consolidated  appropriation  account. 

(b)  The  specific  amount  disbursed  under  each  appropriation;  to 
the  pro])cr  appropriation  account. 

(c)  Uncollected  earnings;  to  the  account  of  uncollected  earnings. 
(See  pars.  260  to  263.) 

259.  FROM    THE    STATEMENTS    OF    SUSPENSIONS    AND    DISALLOW- 

ANCES. 

(a)  The  total  amount  of  suspensions  and  disallowances  stated  by 
appropriations;  to  the  consolidated  appropriation  account. 

{h)  The  total  amount  under  each  appropriation;  to  the  proper 
appropriation  account. 

(c)  The  total  amount  from  the  account  of  the  marshal  and  each 
deputy  and  from  the  accounts  of  office  expenses;  to  the  proper 
accounts. 

Note. — Allowances  on  explanation  or  appeal  should  also  be  credited  in  the  three 
respects  above  mentioned,  a,  b,  and  c,  from  the  Treasury  notices  of  such  allowance. 

ACCOUNT  OF  UNCOLIECTED  EARNINGS. 

260.  Upon  the  transmission  of  each  quarterly  account  to  the 
Department  all  accrued  earnings  from  individuals  and  corporations 
reported  therein  which  have  not  been  collected  should  be  entered  in 
this  account  in  the  left-hand  column. 

261.  If  any  such  amount  is  subsequently  collected,  the  collection 
should  be  posted  from  the  Cash  Book  to  the  right-hand  column  on 
the  same  line  as  the  original  entry  of  the  particular  item.  The 
vacant  spaces  in  the  right-hand  column  wiU  then  show  at  a  glance 
the  uncoUected  earnings  of  the  office. 

262.  Items  should  not  be  charged  off  in  this  account,  except  when 
coUected  or  excepted  from  further  consideration  by  specific  instruc- 
tions from  the  Department. 

263.  Earnings  in  pauper  cases  should  be  included  in  this  account. 


68 


INSTEUCTIONS   TO    UNITED   STATES   MARSHALS. 


1 

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Dec.  qr.,  1915.                             Fees.Expenses. 

$20. 10     $36. 50 

7. 50       25. 00 

8.40        10.00 

11.30       30.10 

Total 47.30      101.60 

Amt.  payable 

Mcli.qr.,1916.                           Fees.Expenses. 
Total  Sfiono     $7.5  no 

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REGISTER  OF  UNITED  STATES  PRISONERS. 

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INSTRUCTIONS  TO  UNITED   STATES   MARSHALS. 


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76  INSTRUCTIONS   TO   UNITED   STATES   MARSHALS. 

FILES  AND  MEMORANDUM  RECORDS. 
FILES. 

264.  The  folloNving  papers  should  be  systematically  and  carefully 
filed  in  the  marshal's  office,  separately  from  his  accounts : 

(a)  Incoming  letters  and  copies  of  all  outgoing  letters. 

(b)  Statements  of  suspensions,  disallowances,  allowances  on  expla- 
nation, and  allowances  on  revision,  received  from  the  Treasury 
Department. 

(c)  Notices  of  appointment  and  changes  in  personnel  received  from 
the  department,  or  otherwise. 

(d)  Original  receipts  on  Form  71. 

(e)  Certificates  of  the  clerk  of  the  court  for  the  payment  of  jurors 
and  witnesses.  These  should  be  arranged  alphabetically;  separately 
for  jurors  and  witnesses  and  separately  for  each  term  of  court.  Fasten 
together  at  upper  left-hand  corner. 

(/)  Commitment  and  release  cards. 

(g)  Other  official  papers,  notices,  and  reports,  or  the  duplicates 
thereof. 

INDIVIDUAL  PROCESS  EECORD. 

265.  A  memorandum  book  record  should  be  maintained  showing 
separately  for  the  marshal  and  each  deputy  in  chronological  order 
the  writs  issued  to  him  for  service.  A  separate  page  or  pages  should 
be  allowed  for  each  official.  Brief  notations  should  be  made  at  the 
right,  opposite  the  entry  of  each  writ  when  it  is  returned,  in  such 
manner  that  the  yacant  space  at  the  right  will  indicate  at  a  glance 
the  unserved  writs  in  the  hands  of  each  official.  Entries  in  this  book 
should  be  brief. 

RECORD  OF  ATTENDANCE  OF  BAILIFFS  AND  CRIERS. 

266.  A  memorandum  record  book  should  be  maintained,  showing 
in  a  convenient  form  the  daily  attendance  of  bailiffs  and  criers. 
Entries  should  be  made,  based  upon  the  personal  observation  of  the 
marshal  or  one  of  his  deputies.  Before  making  payments  such 
records  should  be  verified  by  comparison  with  the  court  records. 


CHAPTER  V. 

ACCOUNTS,  EARNINGS,  SALARIES,  EXPENSES,    AND    FEES 
PAYABLE,  AND  APPROPRIATIONS  CHARGEABLE. 


Page. 

General  instructions 77 

Fees  and  costs  in  extradition  cases 81 

Earnings  from  individuals  and  corporations 82 

Judicial  and  other  salaries 84 

Office  expenses 86 

Extraordinary  expenses 87 

The  appropriation  "  Salaries,  Fees,  and  Expenses  of  Marshals  " 87 

Fees  and  expenses  of  marshals  and  deputies 88 

Fees  of  jurors , 104 

Fees  of  witnesses 106 

United  States  prisoners 112 

Pay  of  bailiffs,  criers,  jury  commissioners,  and  expenses  of  judges 116 

The  appropriation  " Miscellaneous  Expenses,  U.  S.  Courts' ' 118 

Advertising  and  publication  of  notices 119 

The  appropriation  "Salaries  and  Expenses  of  District  Attorneys,  U.  S.  Courts" .  119 


GENERAL  INSTRUCTIONS. 
DEFINING  ACTUAL  PAYMENTS,  ETC. 

267.  All  items  of  disbursement  must  represent  money  actually  and 
fully  paid  to  the  payee  named  in  the  account.  The  personal  obliga- 
tion of  the  disbursing  officer  to  the  payee  does  not  constitute  pay- 
ment, nor  the  issuance  of  a  certificate  showing  that  money  is  due. 

268.  Each  charge  made  for  service  should  represent  service  actually 
performed  by  the  person  claimed  to  have  performed  it,  and  each 

-item  of  expense  for  which  credit  is  claimed  should  represent  money 
actually  paid. 

RENDITION  AND  APPROVAL. 

269.  Accounts  of  marshals  are  prepared  quarterly,  in  duplicate,  upon 
forms  furnished  by  the  Department  of  Justice  and  listed  in  a  separate 
publication.  The  quarters  of  the  fiscal  year  end  September  30, 
December  31,  March  31,  and  June  30.  Before  transmission  to  the 
department  such  accounts  must  be  submitted  for  approval  in  open 
court,  by  an  order  entered  of  record.  (See  act  Feb.  22,  1875,  sec.  1, 
18  Stat.  L.,  333;  act  July  31,  1894,  sec.  12,  28  Stat.  L.,  209;  act  May 
28,  1896,  sec.  13,  29  Stat.  L.,  183.) 

77 


78  INSTRUCTIONS   TO   UNITED    STATES   MARSHALS. 

270.  After  approval  by  the  court,  the  original  account,  with  the 
account  current  and  each  voucher  and  subvoucher  plainly  marked 
"original,"  will  be  forwarded  to  the  Department  of  Justice.  The 
duplicate  account,  which  must  be  in  fact  a  duplicate  and  not  merely 
a  copy,  should  remain  on  file  in  the  office  of  the  clerk  of  the  court. 

271.  The  law  requires  quarterly  accounts  to  be  submitted  for 
approval,  as  above  directed,  within  20  days  after  the  close  of  each 
quarter.  If  submitted  for  approval  later  than  20  days,  as  afore- 
said, a  delinquency  arises  which  must  be  reported  to  the  Attorney 
General  by  letter,  under  separate  cover,  and  fully  explained. 

272.  The  amount  to  be  included  in  the  court's  order  of  approval 
(a  certified  copy  of  which  appears  on  the  back  of  the  account  current) 
is  the  total  amount  of  disbursements  shown  by  the  account  current^ 
less  such  amount,  if  any,  as  is  not  approved  by  the  court. 

273.  Seals  to  copies  of  orders  approving  accounts  are  required,  but 
seals  of  clerks  to  affidavits  and  to  copies  of  orders  relative  to  vouchers 
are  not  required. 

274.  If  any  part  of  an  account  is  not  approved  by  the  court,  the 
item  or  items  disapproved  should  be  specified.  A  schedule  showing 
such  items,  if  any,  must  be  attached  to  the  account  current, 
stating  seriatim  and  in  detail  the  reasons  for  disapproval. 

275.  The  disapproval  by  the  court  of  an  item  in  an  account  is  con- 
clusive upon  the  accounting  officers.     (See  5  Comp.,  131.) 

276.  All  disbursing  officers  of  the  United  States  must  render  their 
accounts  quarterly,  but  the  Secretary  of  the  Treasury  may  direct 
any  or  all  of  such  accounts  to  be  rendered  more  frequently  if,  m  his 
judgment,  the  public  interests  so  require.     (See  26  Stat.  L.,  413.) 

FISCAL  YEAR  AND  APPROPRIATION. 

277.  Receipts,  disbursements,  and  balances  under  different  appro- 
priations, or  under  the  same  appropriations  for  different  fiscal  years, 
must  be  maintained  in  aU  respects  entirely  separate  and  distinct. 

278.  The  fiscal  year  begins  July  1  and  ends  June  30.  The  date  or 
dates  on  which  foes  are  earned,  services  rendered,  or  expenses 
incurred,  and  not  the  date  of  payment,  determines  tlie  fiscal  year  of 
the  appropriation  from  which  payment  covering  said  items  must  be 
made. 

PREPARATION— GENERAL  INSTRUCTIONS. 

279.  One  account  should  be  prepared  (upon  current  forms  pro- 
vided therefor)  for  each  quarter  of  tlio  fiscal  3^ear,  excepting  in  cases 
where  there  is  a  cliange  of  oificial  bond  or  the  marshal  is  retiring  from 
office,  when  it  may  be  necessary  to  render  an  account  for  a  fractional 
portion  of  a  quarter. 


INSTRUCTIONS   TO   UNITED    STATES    MARSHALS.  79 

280.  Each  account  (unless  transactions  occur  under  different 
bonds)  should  cover  completely  all  financial  transactions  involving 
judiciary  funds  which  occurred  during  the  quarter  for  which  it  is 
rendered;  that  is  to  say,  should  cover  completely  all  such  money 
actually  received  and  all  such  disbursements  and  deposits  actually 
made  during  the  quarter, 

281.  All  items  of  expense  incurred,  services  rendered,  and  fees  earned 
durmg  a  given  quarter  should  be  paid,  as  far  as  may  be  practicable, 
prior  to  the  close  of  business  on  the  last  day  of  the  quarter.  In  order 
to  facilitate  this  matter  vouchers  of  deputies,  jurors,  witnesses, 
bailiffs,  and  others  should  be  prepared,  paid,  and  arranged  promptly 
and  regularly. 

282.  Vouchers  covering  items  properly  payable  by  the  marshal, 
incurred  during  any  given  quarter  too  late  to  be  examined  and  paid 
prior  to  the  close  of  business  on  the  last  day  of  said  quarter,  should 
be  included  in  the  account  for  the  succeeding  quarter  as  supplemental 
items. 

283.  In  like  manner  propsrly  payable  items,  arising  during  the  in- 
cumbency of  a  given  marshal  but  remainmg  unpaid  after  he  retires 
from  office,  should  be  paid  by  the  incoming  marshal  and  included  in  his 
opening  account  as  supplemental  items,  provided  of  course  the  items 
are  not  so  old  as  to  necessitate  their  being  handled  as  claims  and  for- 
warded for  settlement  direct  from  the  Treasury.  (See  pars.  593  to 
600.) 

284.  Supplem3ntal  items  for  prior  quarters  (other  than  the  quarter 
imjiidiatoly  pr3C3ding  that  for  which  the  account  is  rendered)  should 
be  supported  by  an  explanation  of  the  delay  in  settlement  and  a  cer- 
tificate to  the  effect  that  a  careful  examination  discloses  no  record  of 
previous  payment. 

285.  Vouchers  covering  expenses  incurred  during  different  fiscal 
years,  different  quarters  of  each  fiscal  year,  and  under  different  appro- 
priations should  be  maintained  entirely  separate  and  distinct  and 
separately  abstracted. 

286.  All  the  vouchers  and  abstracts  pertaining  to  a  given  account 
should  be  forwarded  on  the  same  day,  together  with  the  account  cur- 
rent, and,  excepting  in  cases  where  their  bulk  wiU  not  permit,  in  the 
same  package. 

287.  All  vouchers  and  other  papers  belongmg  to  a  given  account 
should  be  placed  together  in  an  orderly  manner,  with  the  account  cur- 
rent on  top,  and  carefuUy  separated  by  bands  or  otherwise  from  any 
other  account  or  accounts  transmitted  in  the  same  package. 

288.  Vouchers  and  other  papers  pertaining  to  an  account  should 
be  forwarded  without  being  folded,  unless  larger  than  8^  by  14. 


80  INSTRUCTIONS   TO    UNITED   STATES   MARSHALS. 

ACCOUNTS  CUERENT. 

(See  illustration  facing  this  page.) 

289.  There  must  ordinarily  be  an  entirely  separate  accounting  and 
hence  separate  accounts  current  under  different  bonds,  unless  one  of 
them  is  an  additional  bond. 

290.  Receipts,  disbursements,  deposits,  or  balances  for  different 
fiscal  years  must  be  showTi  in  different  columns,  although  carried  into 
a  single  set  of  totals. 

291.  The  sum  of  the  debits  and  the  sum  of  the  credits  in  any  given 
column  must  in  every  instance  be  identical.  The  entire  account 
current  should  be  a  balancmg,  self-proving  statement. 

292.  All  balances  shown  to  be  due  the  United  States,  or  due  the 
marshal  (i.  e.,  overdrafts)  by  a  given  account  current  should 
be  carried  forward  without  change  into  the  succeeding  account 
current  (assuming  it  to  be  under  the  same  appointment  and  bond). 

293.  The  total  amount  of  repayments  on  account  of  conceded 
disallowances,  or  otherwise,  placed  to  the  credit  of  a  marshal  (check- 
ing account)  during  any  given  quarter,  should  appear  as  a  credit 
item;  the  total  amount  under  each  appropriation  bemg  separately 
shown.     Such  credit  item  should  be  described  as  foUows: 

By  amount  of  conceded  disallowances  in  account  for  quarter  ending ,  as 

per  abstract  herewith. 

294.  The  above-mentioned  abstract  should  be  attached  to  the 
account  current.  It  should  describe  fully  and  in  detail  the  repay- 
ments and  deposits  m  question. 

295.  The  total  balance  shown  to  be  due  the  United  States  must 
bo  analyzed,  as  provided  by  the  form.  If  the  Treasurer's  statement 
for  the  last  month  of  the  quarter  has  not  been  received  when  the 
account  is  ready  to  bo  transmitted  to  the  department,  this  analysb 
may  be  omitted,  the  reason  for  the  omission  being  noted.  In  such 
cases  it  must  be  prepared  later,  however,  and  transmitted  to  the 
department  promptly  after  the  receipt  of  the  Treasurer's  statement. 

296.  The  certificate  of  the  United  States  attorney  in  regard  to 
charges  iii  Chinoso  exclusion  cases  and  cases  under  the  internal  revenue 
laws  must  accompany  each  quarterly  account  containing  such 
charges.  Form  392  should  be  used  for  this  purpose.  Listructions 
relative  to  the  order  of  approval  wiU  bo  found  in  paragraphs  271  to 
275. 

GENERAL  ABSTRACTS. 

297.  Quarterly  accounts  in  many  instances  wiU  include  payments 
covering  expenses  incurred  during  the  preceding  quarter;  also  m  a 
few  instances  payments  on  account  of  expenses  incurred  during  still 
earlier  quarters.  It  is  therefore  necessary  to  submit  with  each 
account  current  a  general  abstract,  prepared  in  triplicate,  upon  the 


Tilt  United  States  i 


AMENDED  FORM  14. 
inth  John  Doe,  United  States  marshal  for  the district  of — 


-,fiom  July  1, 1914,  to  Sept.  SO,  1914,  under  bond  dated  May  25, 1914. 


To  disbursements  as  shown  by  abstract  lind  vouch- 

Deposited' unexpended  balances  for  fiscal 
year  1914.  Sept.  30,  1914,  per 

deposit  No.  434 

Balance  due  the  United  States 


1  United  States  trom  last  i 


No.  847.  dated  July  20, 1914. . 

No.  968.  dated  July  22. 1914. . 

Warrant  No.  1802.  dated  Aug.  7.  1914.. 


;, 305.28  14,745.35  J2,952.60 


1,305. 2S  I  5,000.00 


Expenses:  R||"' 
orpistrlct!-^S" 


J626.93  IJ3,737.32  I      S87.35  ! 


700.00  j  6,000.00        300.00 


200.00     1,000.00        100.00 


t  No.  968.  dated  July  22. 
t  No.  1802.  dated  A 
t  No.  2488,  dated  A 
t  No.  3199.  dated  S( 
By  corrections  on  account  of— 


Due  United  States 
overdrawn.. 

Total 


1,305.28    5,000.00     3,000.00     l.OOO.C 


700.00     6,000.0 


S123.75  1*4,567.85 


54.41  I        82.10 


117.00     4,495.85 


Support     Pay  of 
o?         Bailifls, 
Prisoners,      etc. 


(039.35.      116.80 


639.35  17.28 


J134.15  I- 
46.62 


With  Treaaurer  of  United  State,? 

Advanced  Witneis  Jones,  E.  Dist. ,  Mo 

Otherwise  kept  (manner  and  authority  for  so  keeiring) :  Overdraft  as  above  6 


Less  Out-  j^^^ 

^CH™™S°  BiUNCES. 

$6, 475.  30        $4,  574.  05  $1,  901.  25 
50.00 


3,600.00 
105.28 


895-16.    (To  face  page  81.) 


INSTRUCTIONS   TO   UNITED    STATES    MARSHALS.  81 

form  provided  for  tliis  purpose,  one  cop)^  to  be  filed  with  the  dupli- 
cate account  and  two  copies  sent  to  the  department  with  the  original 
account. 

298.  This  abstract  indicates  how  much  of  the  total  amount  dis- 
bursed under  each  appropriation  covers  expenses  which  were  incurred 
during  the  quarter  for  which  the  account  is  rendered  and  how  much 
covers  expenses  which  were  incurred  during  each  prior  quarter, 
respectively.     The  general  abstract  should  be  carefully  verified. 

EXPLANATIONS,     SUSPENSIONS,     DISALLOWANCES,     AND    RE- 
QUESTS FOR  DECISIONS  FROM  THE  COMPTROLLER. 

299.  Responses  to  requests  from  the  Department  of  Justice  for 
information  relative  to  accounts  should  be  in  dupUcate.  They 
should  be  given  immediate  attention. 

300.  For  instructions  relative  to  explanations,  suspensions,  appeals 
to,  and  requests  for  decisions  from,  the  Comptroller,  see  paragraphs 
1075  to  1087,  instructions  to  commissioners. 

PAYMENT  TO  INTESTATE  DECEDENTS. 

301.  Before  making  payment  upon  the  vouchers  of  a  deceased 
person,  upon  whose  estate  letters  of  administration  or  letters  testa- 
mentary have  not  been  issued,  a  special  affidavit  must  be  executed 
by  the  party  in  interest  and  attached  to  the  voucher.  Forms  for 
such  affidavits  will  be  furnished  by  the  Department  of  Justice  upon 
appUcation. 

FEES  AND  COSTS  IN  EXTRADITION  CASES. 

(Fugitives  from  foreign  jurisdiction.) 

302.  Credit  for  disbursements  m  extradition  cases  should  be 
claimed  in  the  regular  quarterly  accounts,  as  in  other  cases,  the  same 
rules  and  limitations  being  applicable.     (See  32  Stat.  L.,  475.) 

303.  An  abstract  of  such  disbursements  separate  from  and  in 
addition  to  the  regular  abstract,  showing  the  voucher  and  page 
where  each  case  is  to  be  found,  must  accompany  quarterly  accounts. 

304.  Form  21  should  be  used  for  abstracting  salaries,  fees,  and 
expenses  of  marshals,  and  Form  125  for  other  appropriations. 

305.  When  the  entire  amount  of  the  marshal's  fees  and  costs  in 
a  given  extradition  case  has  been  definitely  ascertained,  he  should 
immediately  furnish  an  itemized  statement  thereof  to  the  judge  or 
commissioner  who  heard  the  case,  in  order  that  the  latter  may  for- 
ward to  the  Department  of  Justice  a  certified  statement  of  all  fees 
and  costs  of  every  nature  therein  (includmg  his  own  fees  when  the 
hearing  is  by  a  commissioner) . 

895—16 6 


The  United  States  in  account  current  viMay  25,  1914. 


Salaries,  1 
Fees,  and. 
Expenses 

of 
Marshals. 

Pay  of 

Regular  ,  Salaries, 
Assistant    District 

Attor-      Judges. 

neys. 

Total. 

DEBITS. 

To  disbursements  as  shown  by  abstract  and  vouch- 

«1,305.28 

$24,700.99 
4,965.38 

Deposited   unexpended   balances   for  fiscal 
year  1914,  Sept.  30,  1914,  per  certificate  of 

2,056.53 

Total 

1,305.28 

31,722.90 

CEEDITS. 

By  balance  due  the  United  States  from  last  ac- 
count                      .                  .       

995  70 

By  advances: 

200.00  1 
100.00  \ 

!            I 

3,500.00 
100.00 

Warrant  No  571  dated  July  14  1914 

1 

1,000.00 

Warrant  No  968  dated  July  22,  1914      

100.00 
200.00  :_ 

! 

600.00 

Vv'arrant  No  18G2  dated  Vug  7  1914 

7,400  00 

14,421.92 

Warrant  No.  3199,  dated  Sept.  17,  1914 

By  corrections  on  account  of— 

Due  United  States  marshal,  appropriation 
overdrawn                         

600.00  1 
105.28  i 

3,600.00 

i 

105.28 

Total     

1,305.28 

1 

31,722.90 

1 

Deposited— 


With  Treasurer  of  Ui 
Advanced  Witness  J< 
Otherwise  kept  (mar 

Total 


895—10.    (To  face  page  SI.) 


INSTRUCTIONS   TO   UNITED    STATES    MARSHALS.  81 

form  provided  for  this  purpose,  one  copy  to  be  filed  with  the  dupli- 
cate account  and  two  copies  sent  to  the  department  with  the  original 
account, 

298.  This  abstract  indicates  how  much  of  the  total  amount  dis- 
bursed under  each  appropriation  covers  expenses  which  were  incurred 
during  the  quarter  for  which  the  account  is  rendered  and  how  much 
covei-s  expenses  which  were  incurred  during  each  prior  quarter, 
respectively.     The  general  abstract  should  be  carefully  verified. 

EXPLANATIONS,     SUSPENSIONS,     DISALLOWANCES,     AND     RE- 
QUESTS FOR  DECISIONS  FROM  THE  COMPTROLLER. 

299.  Responses  to  requests  from  the  Department  of  Justice  for 
information  relative  to  accounts  should  be  in  duplicate.  They 
should  be  given  immediate  attention. 

300.  For  instructions  relative  to  explanations,  suspensions,  appeals 
to,  and  requests  for  decisions  from,  the  Comptroller,  see  paragraphs 
1075  to  1087,  instructions  to  commissioners. 

PAYMENT  TO  INTESTATE  DECEDENTS. 

301.  Before  making  payment  upon  the  vouchers  of  a  deceased 
person,  upon  whose  estate  letters  of  administration  or  letters  testa- 
mentary have  not  been  issued,  a  special  affidavit  must  be  executed 
by  the  party  in  interest  and  attached  to  the  voucher.  Forms  for 
such  affidavits  will  be  furnished  by  the  Department  of  Justice  upon 
appHcation. 

FEES  AND  COSTS  IN  EXTRADITION  CASES. 

(Fugitives  from  foreign  jurisdiction.) 

302.  Credit  for  disbursements  in  extradition  cases  should  be 
claimed  in  the  regular  quarterly  accounts,  as  in  other  cases,  the  same 
rules  and  limitations  being  applicable.     (See  32  Stat.  L.,  475.) 

303.  An  abstract  of  such  disbursements  separate  from  and  in 
addition  to  the  regular  abstract,  showing  the  voucher  and  page 
where  each  case  is  to  be  found,  must  accompany  quarterly  accounts. 

304.  Form  21  should  be  used  for  abstracting  salaries,  fees,  and 
expenses  of  marshals,  and  Form  125  for  other  appropriations. 

305.  When  the  entire  amount  of  the  marshal's  fees  and  costs  in 
a  given  extradition  case  has  been  definitely  ascertained,  he  should 
immediately  furnish  an  itemized  statement  thereof  to  the  judge  or 
commissioner  who  heard  the  case,  in  order  that  the  latter  may  for- 
ward to  the  Department  of  Justice  a  certified  statement  of  all  fees 
and  costs  of  every  nature  therein  (including  his  own  fees  when  the 
hearing  is  by  a  commissioner) . 

895—16 6 


82  INSTRUCTIONS   TO   UNITED   STATES   MAESHALS. 

306.  Mai-slials  sliould  not  pay  for  services  of  an  interpreter  in  an 
extradition  case  unless  authorized  by  the  department. 

307.  If  the  representative  of  the  foreign  Government  desires  to 
employ  a  stenographer  to  expedite  the  hearing,  the  stenographer 
should  be  paid  by  such  representative  and  not  by  the  marshal. 

308.  No  money  should  be  received  by  the  marshal  from  any  source 
other  than  the  United  States  on  account  of  fees  or  expenses  in  extra- 
dition cases. 

309.  A  warrant  of  arrest  issued  by  a  commissioner  in  an  extra- 
dition case  may  be  served  outside  of  the  district,  but  the  defendant 
can  not  be  returned  to  the  commissioner  who  issued  the  warrant 
without  a  hearing  in  the  district  where  he  was  arrested.  (See  194 
U.  S.,  205.) 

EARNINGS  FROM  INDIVIDUALS  AND  CORPORA- 
TIONS. 

DEPOSITS  TO  SECURE  PAYMENT  OF  COSTS. 

310.  A  bond  or  deposit  to  secure  costs  must  be  obtained  in  ad- 
vance, covering  proposed  services  for  individuals  and  corporations, 
unless  they  arc  relieved  from  prepayment  by  the  act  of  June  25, 
1910  (see  36  Stat.  L.,  866),  or  some  other  provision  of  law. 

310a.  Every  seaman  who  is  a  citizen  of  the  United  States  is  entitled 
to  the  benefit  of  the  poor  suitor's  act  (36  Stat.  L.,  866)  upon  taking 
the  oath  therein  prescribed,  but  this  oath  relieves  onh'  the  individual 
who  takes  it  from  the  prepayment  of  fees  and  costs.  If  the  poor 
suitor  prevails,  your  fees  for  services  rendered  in  his  behalf  should 
be  collected  and  reported  in  the  usual  manner. 

311.  Bonds  must  be  drawn  to  cover  specifically  the  payment  of  all 
costs  accruing  to  the  United  States. 

312.  Receipts  on  Form  63  should  be  given  for  deposits  made  to 
secure  costs. 

AMOUNTS  COLLECTIBLE. 

313.  Fees  and  emoluments  which  were,  by  law,  payable  to  mar- 
shals prior  to  the  act  of  May  28,  1896,  are  collectible  from  private 
litigants.  They  should  be  collected  promptly  and  paid  to  the  clerk 
of  the  court  having  jurisdiction,  receipts  to  be  taken  in  duplicate  ou 
Form  71,  the  originals  retained  and  the  ckiplicates  attaclied  to  the 
marshals'  original  accounts.     (See  29  Stat.  L.,  179.) 

314.  Regular  fees,  as  described  elsewhere  under  their  respective 
headings,  are  collectible  from  individuals  and  corporations. 

315.  In  the  districts  of  Arizona,  Idaho,  Nevada,  New  Mexico,  North 
Dakota,  and  Wyoming  double  fees  should  bo  collected.  (For  dis- 
tricts in  which  double  fees  are  payable  to  witnesses,  see  par.  491.) 


INSTRUCTIONS   TO   UNITED    STATES    MARSHALS.  83 

316.  If  the  officer  serving  such  process  receives  from  the  Govern- 
ment actual  expenses,  and  such  expenses  are  greater  than  the  mileage, 
said  actual  expenses  are  collectible;  if,  however,  the  mileage  is  greater 
than  the  actual  expenses,  said  mileage  is  collectible. 

317.  When  two  or  more  writs  are  served  on  the  same  trip  on 
behalf  of  different  individuals  or  corporations,  mileage  shoidd  be 
collected  on  each  of  such  writs. 

318.  When  more  than  two  writs  are  served  on  the  same  person  on 
the  same  trip  on  behalf  of  the  same  individual  or  corporation, 
mileage  should  be  collected  on  only  two  of  such  writs. 

319.  The  actual  expenses,  chargeable  against  the  United  States,  of 
making  an  unsuccessful  endeavor  to  serve  process  for  private  litigants 
should  be  collected. 

320.  If  objection  be  made  to  the  directions  contained  in  the  pre- 
ceding paragraphs,  the  marshal  should  submit  the  matter  to  the  court 
for  instructions.     (See  15  Comp.,  408.) 

ABSTRACTING  AND  EEPORTING. 

321.  Earnings  from  individuals  and  corporations  should  be  reported 
on  the  abstract  of  the  voucher  (Form  21)  in  which  the  earnings  are 
shown.     All  the  data  contemplated  by  the  form  should  be  furnished. 

322.  Uncollected  earnings,  in  addition  to  being  shown  on  Amended 
Form  21,  should  be  reported  on  Form  72,  and  the  failure  to  make 
collection  fully  explained. 

323.  Collections  made  on  account  of  earnings  for  prior  quarters 
should  be  reported  on  Form  72,  but  only  in  the  column  entitled 
"Amount  paid  to  clerk." 

324.  If  there  are  no  uncollected  earnings  and  no  collections  on 
account  of  earnings  of  prior  quarters,  certificate  to  that  effect,  on 
Amended  Form  72,  should  accompany  the  account. 

325.  Receipts  from  the  clerk  should  be  arranged  in  the  order  in 
which  the  cases  are  entered  on  the  abstract  and  attached  to  the  upper 
left-hand  corner. 

MISCELLANEOUS. 

326.  If  it  is  necessary  that  an  expense  not  provided  for  by  section 
829  R.  S.,  U.  S.,  be  incurred  in  a  case  between  private  litigants,  it 
should  not  be  charged  in  the  marshal's  account,  but  should  be  paid 
directly  by  one  or  more  of  the  parties  to  the  suit,  under  an  order  or 
rule  of  court.     (See  5  Comp.,  871.) 

327.  In  cases  between  private  litigants,  the  expense  of  keeping 
personal  property  (par.  471  (6)  and  (o)),  when  payable  to  parties 
other  than  deputy  marshals,  should  be  paid  directly  (or  through  the 
marshal)  by  the  parties  to  the  action,  but  never  from  judiciary  funds. 
Such  items  should  not  appear  in  the  marshal's  accounts.  If,  how- 
ever,  such  ^rvices  are  rendered  by  the  marshal  or  his  deputies,  the 


84 


INSTRUCTIONS   TO    UNITED   STATES   MARSHALS. 


amount  payable  by  the  litigants  therefor  should  appear  in  the  mar- 
shal's accounts,  be  collected  by  him,  and  paid  to  the  clerk  of  the 
court.     (See  6  Comp.,  827.) 

328.  Services  by  a  marshal  in  taking  charge,  under  appointment  by 
the  Court,  of  the  property  of  bankrupts  are  covered  by  his  salary.  If 
the  court  should  tax  against  the  bankrupt's  estate  compensation  for 
the  marshal's  services,  and  the  money  is  paid  to  the  marshal,  it  is 
his  duty  to  turn  it  over  to  the  clerk  of  the  court  as  an  earning,  (See 
Comp.  to  Marshal  Long,  western  Kentucky,  May  3,  1907,  and  30 
Stat.  L.,  545.) 

PAYMENT  OF  JUDICIAL  AND  OTHER  SALARIES. 

GENERAL  mSTRITCTIONS. 

329.  The  following  salaries  are  payable  monthly  by  marshals  in 
accordance  with  notices  from  the  appointment  clerk  of  the  Depart- 
ment of  Justice,  excepting  as  to  deputy  marshals,  when  notice  of  the 
approval  of  the  appointment  is  sufficient,  and  as  to  stenographers, 
and  messengers  to  judges,  and  court  reporters,  when  payment  should 
be  made  upon  authorization  by  the  Attorney  General. 


Officials  and  clerks. 


District  Judges 

Circuit  judges  and  clerks  of  circuit  courts  of  appeals., 
District  attorneys,  their  clerks  and  messengers , 

Regular  assistant  district  attorneys .■ , 

Marshals  and  their  salaried  deputies 


Stenographers  to  judges,  messengers  to  judges,  and 
court  reporters. 


Appropriations. 


Salaries,  District  Judges. 
Salaries,  Circuit  Courts. 
Salaries  and  Expenses  of  District  Attorneys,  United 

States  Courts. 
Pay  of  Regular  Assistant  Attorneys,  United  States 

Courts. 
Salaries,  Fees,  and  Expenses  of  Marshals,  United 

States  Courts. 
Miscellaneous  Expenses,  United  States  Courts. 


Note.— Salaries,  as  well  as  expenses  of  special  assistant  attorneys,  and  .special  assistants  to  the  Attorney 
General,  are  payable  only  by  the  disbursing  clerk  of  the  Department  of  Justice. 

VOUCHERS  AND  ABSTRACTS. 

330.  Form  767  should  be  used  for  the  payment  of  salaries  of  presi- 
dential appointees.  These  vouchors  should  be  prepared  and  certified 
to  by  the  marshal. 

331.  Form  746  should  be  used  for  the  payment  of  all  other  salaries 
above  mentioned.  The  first  certificate  on  this  form  should  be  signed 
by  the  payee,  and  the  second  by  the  officer  under  whom  the  payee 
serves. 

332.  Vouchors  of  clerks  of  circuit  courts  of  appeals  should  be 
certified  by  the  senior  circuit  judge. 

333.  Salary  vouchors  (excepting  under  "Miscellaneous  Expenses, 
U.  S.  Courts,"  as  to  which  see  pars.  584  to  587)  should  bo  abstracted 
alphabetically,  and  separately  under  each  appropriation,  on  Form 
125.     The  abstracts  should  be  prepared  in  triplicate,  the  original  and 


IISrSTKUCTIONS   TO   UNITED    STATES    MARSHALS.  85 

triplicate  to  be  transmitted  to  the  department  with  the  quarterly 
accounts. 

334.  These  payments  should  be  carried  directly  from  Form  125  to 
the  general  abstract,  Amended  Form  15,  and  the  account  current, 
excepting  that  such  payments  under  the  appropriation  "Salaries, 
Fees,  and  Expenses  of  Marshals"  should  be  carried  from  Form  125  to 
Amended  Form  22,  and  added  as  a  separate  item  to  the  total  amount 
otherwise  shown  on  said  form  at  the  foot  of  column  5,  entitled 
"Total  paid  by  United  States  marshal." 

335.  Salary  payments  under  '  'Salaries  and  Expenses  of  District 
Attorneys"  should  be  abstracted  on  Form  125,  as  above  stated,  as  a 
continuation  of  items  of  expenses  also^  abstracted  under  this  appro- 
priation. They  should,  however,  be  separately  grouped  on  the 
abstract.     (See  par.  592.)  ^ 

COMPUTING  AND  WITHHOLDING  SALARIES. 

336.  In  computing  amounts  payable  on  account  of  salaries,  the 
book  entitled  "Government  Salary  Tables"  should  be  utilized.  A 
copy  of  this  book  may  be  obtained  upon  apphcation  to  the  Secretary 
of  the  Treasury. 

337.  Whenever  the  services  of  an  incumbent  of  a  given  position 
are  terminated,  and  payment  of  salary  is  about  to  be  made,  it  should 
be  remembered  that  the  incoming  and  outgoing  official  or  employee 
may  not  both  be  paid  for  the  same  day. 

338.  In  the  computation  of  salaries  (whether  yearly  or  monthly) 
the  following  rules  should  be  observed: 

(a)  Each  calendar  month  shall  consist  of  30  days,  and  the  computation  of  salary- 
shall  be  by  each  month  separately,  one-twelfth  of  an  annual  salary  constituting  the 
compensation  for  each  month. 

(6)  One-thirtieth  of  a  monthly  installment  of  salary  is  to  be  allowed  for  each  day  of 
service  from  the  1st  to  the  30th,  inclusive.  The  last  day  of  February  counts  as  three 
days  of  service  for  pay  purposes  (two  days  in  leap  years). 

(c)  The  31st  day  of  a  month  enters  into  the  computation  of  salary  only  where  there 
is  one  day's  absence  in  a  nonpay  status  on  that  day — that  is,  absence  in  a  nonpay 
status  did  not  occur  also  on  the  30th.  For  such  absence  on  the  31st  one  day's  pay  is 
forfeited.     (See  20  Comp.,  772  and  867;  also  Treasury  Circular  No.  35,  Aug.  18,  1914.) 

339.  Before  final  payment  of  salary  is  made  to  an  outgoing  official 
or  employee  having  in  custody  Government  property,  a  certificate 
should  be  obtained  from  the  Department  of  Justice  showing  that  said 
official  or  employee  has  satisfactorily  accounted  for  all  such  property. 

340.  When  any  officer  of  a  Territory  is  absent  therefrom  and  from 
the  duties  of  his  office,  no  salary  shall  be  paid  him  during  the  year  in 
which  such  absence  occurs  unless  good  cause  therefor  be  shown  to  the 
President,  who  shall  officially  certify  his  opinion  of  such  cause  to  the 
proper  accounting  officer  of  the  Treasury,  to  be  filed  in  his  office. 
(See  sec.  1884,  R.  S.  U.  S.) 


86  INSTRUCTIONS   TO    UNITED   STATES   MARSHALS. 

341.  The  vouchers  of  Territorial  officers  should  be  accompanied  in 
every  instance  by  a  certificate  in  substantially  the  following  form: 

I, ,  of  the  Territory  of ,  do  hereby  certify  that  I  have  not  been 

absent  from  said  Territory  and  from  the  duties  of  my  oflSce  during  the  month  of 
,  19. . ,  ■without  leave  from  the  Department  of  Justice. 

342.  No  money  should  be  paid  as  salary  to  any  person  appointed 
during  the  recess  of  the  Senate  to  fill  a  vacancy  in  any  existing  office 
if  the  vacancy  existed  while  the  Senate  was  in  session,  and  was  by  law 
required  to  be  filled  by  and  with  the  advice  and  consent  of  the  Senate, 
until  such  appointee  has  been  confirmed  by  the  Senate.  (See  sec. 
1761,  R.  S.  U.  S.) 

343.  If  doubt  should  arise  as  to  the  propriety  of  payment  of  salary 
to  a  recess  appointee  or  otherwise,  payment  should  be  withheld  until 
special  instructions  have  been  obtamed  from  the  Department  of 
Justice. 

344.  In  determining  the  amount  due  for  salaries  of  retiring  deputies 
it  should  be  understood  that  the  term  of  a  deputy  expires  with  that 
of  his  principal,  except  for  the  purposes  named  in  sections  789  and 
790,  Revised  Statutes.  It  should  also  be  understood  that  a  deputy 
is  not  entitled  to  compensation  for  services  rendered  in  behalf  of  the 
successor  of  the  marshal  who  appointed  him  unless  he  has  been 
appointed  and  quahfied  as  a  deputy  of  the  new  marshal.  (See  17 
Comp.,  362). 

345.  Wliere  a  marshal  was  removed  from  office,  and  the  removal 
was  "to  take  effect  immediately,"  he  is  not  entitled  to  compensation 
after  the  receipt  by  him  of  notice  thereof.     (See  11  Comp.,  452.) 

OFFICE  EXPENSES. 

346.  The  law  provides  that  office  expenses  of  marshals  and  attor- 
neys may  be  allowed  when  authorized  by  the  Attorney  General. 
Stationery,  blank  forms,  and  other  miscellaneous  supplies  for  office 
use  are  furnished  upon  requisition,  by  the  Division  of  Supplies,  Depart- 
ment of  Justice.  (See  pars.  14  to  21.)  Expenses  for  telegrams  and 
long-distance  telephone  messages  sent  in  accordance  with  regulations 
under  these  headings  (see  pars.  5  to  12)  arc  liereby  authorized  gcn- 
eraUv.  Specific  authority  must  bo  procured  for  other  office  expenses. 
(See  act  of  May  28,  1896,  sec.  14.) 

347.  Applications  for  authority  to  incur  office  expenses  should  be 
made  in  quintuplicate  on  Form  25-B.  Two  of  the  five  copies  wiU 
he  returned  and  the  other  three  retained  for  departmental  records. 

348.  Such  applications  should  state  clearly  the  estimated  total 
expense,  its  nature,  and  purpose.  They  should  be  accompanied  by 
competitive  bids  or  l)y  oxj^lanations  showing  why  it  is  impracticable 
to  procure  such  bids. 


INSTRUCTIONS   TO   UNITED  STATES   MARSHALS.  87 

EXTRAORDINARY  EXPENSES. 

349.  Section  846,  Revised  Statutes,  provides  that  where  the  min- 
isterial officers  of  the  United  States  have  or  shall  incur  extraordinary 
expense  in  executing  the  laws  thereof,  the  payment  of  which  is  not 
specifically  provided  for,  the  President  of  the  United  States  may 
allow  the  payment  thereof,  under  the  special  taxation  of  the  court. 

350.  Should  there  be  unusual  difficulty  attending  the  execution 
of  process,  anticipated  or  actual  defiance  of  Federal  authority,  or 
other  disturbance  of  an  extraordinary  character,  the  marshal  should 
immediately  communicate  with  the  department,  by  wire  if  neces- 
sary, recommending  as  definitely  as  possible  what  action  appears  to 
be  essential  and  requesting  instructions. 

351.  Expenses  should  not  be  incurred  ui  such  matters  without 
previous  authorization  unless  the  emergency  will  not  admit  of  delay, 
in  which  event  the  action  taken  must  be  reported  to  the  department 
at  once. 

352.  Extraordinary  expenses  are  payable  from  the  appropriations 
out  of  which  ordinary  expenses  of  a  similar  character  are  payable. 
They  should  be  included  in  a  separate  voucher  or  vouchers,  accom- 
panied by  the  usual  affidavit  and  receipts. 

353.  Such  items  nmst  be  submitted  to  the  court  for  special  taxa- 
tion under  section  846,  R.  S.  U.  S.  The  order  taxing  the  expenses 
should  be  separate  from  and  in  addition  to  the  order  approving  the 
regular  quarterly  account,  and  should  be  in  substantially  the  follow- 
ing form : 

Whereas  an  account  rendered  by ,  United  States  marshal,  under  the 

appropriation and  for  the  period  from  to  , 

contains  extraordinary  expenses  incun'ed  in  executing  the  laws  of  the  United  States 
(as  fully  set  forth  in  the  attached  voucher),  the  payment  of  which  is  not  specifically 
provided  for  by  law; 

The  said  expenses,  amounting  to dollars  and cents,  are  hereby  spe- 
cially taxed  under  section  846,  Revised  Statutes. 

354.  A  certified  copy  of  the  order  should  be  attached  to  and 
transmitted  with  the  vouchers. 

"  SALARIES,  FEES,  AND  EXPENSES   OF  MARSHALS, 
U.  S.  COURTS.'^ 

GENERAL  INSTRUCTIONS. 

355.  The  following  are  payable  from  this  appropriation: 

(a)  Salaries  of  marshals  and  their  salaried  deputies. 

(b)  Expenses  of  travel  and  subsistence  of  marshals  and  their 
salaried  deputies. 

(e)  Fees  and  expenses  of  fee  deputies. 

(d)  Marshals'  office  expenses,  such  as  telegraph,  telephone,  etc. 


88  INSTRUCTIONS   TO   UNITED   STATES   MARSHALS. 

(e)  Per  diems  of  special  deputies;  expenses  of  keeping  property 
seized  under  mesne  process,  etc. 

356.  When  an  account  contains  charges  in  mternal-re venue  or 
Chinese-exclusion  cases  the  certificate  mentioned  in  paragraph  296 
must  be  furnished. 

357.  Detailed  instructions  as  to  the  preparation  of  vouchers  under 
this  appropriation  and  as  to  the  fees  and  expenses  allowable  must 
follow  under  appropriate  headings. 

ABSTRACT  OF  VOUCHERS. 

358.  An  abstract  of  the  vouchers  (other  than  those  for  salaries) 
should  be  made  on  Amended  Form  22.  The  number  of  each  voucher, 
the  name  of  the  marshal  or  deputy,  and  the  footing  of  each  cohimn  of 
Amended  Form  21,  should  be  carried  to  the  proper  place  on  Amended 
Form  22. 

359.  Vouchers  for  salaries  of  the. marshal  and  his  deputies  should 
be  alphabetically  arranged  and  abstracted  on  Form  125.  These 
abstracts  should  be  prepared  in  triplicate,  the  original  and  triplicate 
being  transmitted  to  the  department  with  the  original  account,  and 
the  duplicate  fded  with  the  duplicate  account. 

360.  The  total  amount  of  the  payments  on  account  of  salaries  should 
be  carried  from  Form  125  to  Amended  Form  22,  and  added  as  a 
separate  item  to  the  total  amount  otherwise  shown  on  said  form,  at 
the  foot  of  the  column  entitled  "total  paid  by  marshal."  Amended 
Form  22  will  thus  show  the  total  disbursements  under  this  appro- 
priation. 

FEES  AND  EXPENSES  OF  MARSHALS  AND 
.      DEPUTIES. 

(Payable  from  the  appropriation  "Salaries,  fees,  and  expenses  of  marshals,  U.  S.  courts.") 

361.  Instructions  under  this  caption  are  in  the  following  order: 

Page. 

1.  Vouchers:  General  instructions  as  to  preparation 89 

2.  Vouchers:  General  instructions  as  to  charges,  special  features,  and  payments.  90 

3.  Abstract  of  voucher 90 

4.  Affidavit 91 

5.  Receipts 91 

6.  Guards 92 

7.  Feedinf,'  prisoners  in  marshal's  custody 93 

8.  Keeping  personal  property — compensation  and  expenses 93 

9.  Expenst  of  travel  and  subsistence — marshals  and  salaried  deputies: 

A.  General  instructions 94 

B.  Subsistence  items 94 

C.  Travel  items 95 

D.  Trans])(jrting  convicts 96 


INSTEUCTIONS   TO    UNITED  STATES   MARSHALS.  89 

10.  Fees  and  expenses  of  fee  deputies:  Page. 

A.  General  instructions  as  to  compensation 96 

B.  Maximum  compensation  and  its  computation 97 

C.  Mileage: 

1.  General  instructions 97 

2.  Transporting  defendants  for  hearing 98 

■  3.  Chinese  cases 98 

4.  Miscellaneous  regulations  governing 98 

D.  Actual  expenses  in  lieu  of  mileage 95 

E.  Expenses  endeavoring  to  arrest 100 

F.  Fees  for  serving  warrants,  etc 100 

G.  Fees  for  attendance  before  commissioners 101 

H.  Fees  for  serving  subpoenas,  venires,  etc 102 

I.  Fees  for  committing  and  discharging  prisoners 102 

J.  Fees  and  expenses  in  admiralty  cases 103 

11.  Fee  bill 103 

VOUCHERS. 
GENERAL  INSTRUCTIONS  AS  TO  PREPARATION. 

362.  Vouchers  should  be  prepared  quarterly,  in  duplicate.  The 
originals  must  form  part  of  the  original  account. 

363.  The  complete  record  of  all  services  and  expenses  of  the 
claimant  during  the  quarter  should  be  shown  in  a  single  voucher, 
even  though  payment  in  full  can  not  be  made.  Credit  should  be 
claimed  only  for  the  portions  paid.  When  final  pajTnent  is  made  in 
a  subsequent  account,  either  by  the  marshal  or  his  successor  in  office, 
reference  should  be  made  thereon  to  the  record  of  service  filed  with 
the  preceding  account. 

364.  Each  item  should  be  dated  and  definitely  stated.  It  should 
also  appear  whether  it  was  on  behalf  of  the  United  States,  or  other- 
wise. When  supported  by  receipt,  the  number  of  the  receipt 
should  be  given.  Receipts  should  be  numbered,  arranged  chrono- 
logically, and  attached  to  the  page  to  which  they  relate. 

365.  Items  pertaining  to  only  one  case  should  be  entered  on  a 
given  page.  When  charges  for  services  in  the  same  case  are  made 
in  different  vouchers,  or  on  different  pages  of  the  same  voucher, 
cross  reference  must  be  made  in  every  instance. 

366.  The  pages  should  be  arranged  chronologically  with  respect 
to  dates  of  service,  and  then  numbered  consecutively. 

367.  Each  page  should  be  separately  footed  and  the  totals  carried 
to  the  proper  columns  of  the  abstract.  This  abstract  should  be 
placed  before  the  first  page,  the  affidavit  should  follow  th.c  last  page, 
and  the  whole  voucher  should  be  securely  fastened  within  the  covers 
provided  for  that  purpose. 

368.  Vouchers  of  marshals  and  salaried  deputies  should  show 
constructive  fees  entered  as  they  would  have  been  charged  if  the 
services  had  been  performed  by  a  fee  deputy. 


90  INSTRUCTIONS   TO    UNITED   STATES   MARSHALS. 

369.  When  mileage  is  less  than  the  expense  of  a  trip,  it  should 
not  bo  carried  into  the  footing  of  fees.  In  all  cases,  however,  the 
number  of  miles  traveled  should  be  shown. 

GENERAL  INSTRUCTIONS  AS  TO  CHARGES,  SPECIAL  NOTATIONS,  AND 

PAYMENT. 

370.  Particular  dihgence  should  be  exercised  in  avoiding  errone- 
ous payments  under  tliis  appropriation.  Vouchers  should  be  care- 
fully examined  and  payment  withheld  until  they  have  been  accu- 
rately and  satisfactorily  executed.  Charges  should  be  in  accordance 
with  the  facts,  as  well  as  in  accordance  with  law. 

371.  If  the  claimant  is  paid  by  several  checks,  a  list  of  the  checks 
specifying  date,  number,  and  amount  of  each  should  be  shown. 

372.  If  a  writ  is  not  served  when  the  first  trip  is  made  to  the 
vicinity  of  the  place  of  service,  the  voucher  should  show  why  service 
was  not  made. 

373.  When  a  defendant  is  taken  before  a  commissioner  for  hear- 
ing and  he  does  not  hear  the  case,  a  certificate  should  bo  obtained 
from  him  and  attached  to  the  voucher,  explaining  fully  the 
circumstances. 

374.  Passes  granting  free  transportation  within  State  limits  should 
not  be  used  for  oflicial  business, 

ABSTRACTS  OF  VOUCHER. 

375.  An  abstract  of  each  voucher  should  be  prepared  on  Form 
21.  The  entries  should  follow  the  order  in  which  the  pagos  of  the 
vouchers  are  arranged.     These  abstracts  should  show: 

(a)  In  column  1,  the  gross  fees  earned  by  fee  deputies  in  all  classes 
of  cases.  If  actual  expenses  are  taken,  mileage  should  not  be  included 
in  this  column. 

(h)  In  column  2,  the  amount  paid  to  the  deputy  on  account  of 
said  fees. 

(c)  In  column  3,  expenses  of  travel  and  subsistence;  also  guard 
hire. 

(d)  In  column  4,  paid  items  other  than  the  foregoing. 

(e)  In  column  5,  the  totals  of  columns  2,  3,  and  4. 

(/)  In  column  6,  all  service  fees,  together  with  mileage,  if  the  latter 
equals  or  exceeds  the  expenses  of  the  trip;  otherwise  all  service  fees, 
together  with  actual  expenses.  (The  question  of  the  amount  paid  is 
not  involved  in  this  data.     It  is  for  statistical  purposes  only.) 

(g)  In  columns  7,  8,  and  9,  earnings  from  individuals  and  corpora- 
tions for  each  case  separately,  with  collections  and  payments  to  the 
clerk  of  the  court  on  account  thereof. 


INSTEUCTIONS   TO   UNITED  STATES   MARSHALS.  91 

AFFIDAVIT. 

376  Form  20  should  be  used  for  the  affidavit  of  a  fee  deputy,  and 
Form  69  for  a  marshal  or  salaried  deputy.  The  amount  stated  in  the 
affidavit  of  a  fee  deputy  should  cover  the  total  fees  and  expenses. 

377.  It  may  be  executed  before  any  one  authorized  to  administer 
oaths  generally,  or  as  provided  by  the  acts  of  February  21,  1911  (see 
36  Stat.  L.,  927),  and  August  24,  1912  (see  37  Stat.  L.,  487).  If 
executed  before  a  notary  public  or  other  officer  having  a  seal  (except 
a  clerk  or  deputy  clerk  of  a  United  States  court),  he  should  affix  his 
seal.  A  notary  public  should  also  state  when  his  commission  will 
expire.     (See  par.  13.) 

378.  Reimbursement  for  the  expense,  if  any,  of  executing  affi- 
davits to  such  vouchers  is  not  chargeable  against  the  United  States. 
(See  3  Comp.,  430,  21  Comp.,  791,  and  22  Comp.,  1.) 

379.  If  the  affidavit  of  a  fee  deputy  can  not  be  executed  because 
of  his  death,  the  marshal  may  certify  to  the  voucher  and  make  pay- 
ment to  his  legal  representative.  (See  3  Comp.,  451.)  In  such  in- 
stances instructions  should  be  obtained  from  the  department  before 
payment. 

RECEIPTS. 

380.  Receipts  should  be  taken  for  the  following  items  whether 
services  were  rendered  in  behalf  of  the  United  States  or  otherwise: 

(a)  Lodging  and  subsistence  of  marshal  or  deputy  (other  than 
single  meals). 

(b)  Lodging  and  subsistence  of  prisoners  and  guards. 

(c)  For  hire  of  horses  or  vehicles ;  stage  fare,  and  for  feed  of  horses. 

(d)  For  guard  hire. 

(e)  For  parlor  car  or  sleeper  (i.  e.,  regular  PuUman  shps). 

(/)  For  the  bodies  of  persons,  from  the  marshal  for  the  district  to 
which  they  are  transported  (to  be  attached  to  the  page  of  the  account 
to  which  they  relate) . 

381.  Receipts  for  expenses  should  be  taken  in  duplicate,  on  Form 
13,  one  marked  origmal  and  the  other  duplicate.  The  original  receipts 
must  accompany  the  original  vouchers.  For  hotel  expenses  they 
should  be  procured  from  the  clerk,  prepared  on  the  ordinary  biU 
heads.  They  should  be  prepared  with  mk  or  indelible  pencil;  should 
show  the  exact  nature  of  the  expense;  for  whom  it  was  incurred; 
and  if  for  meals  and  lodging,  the  first  and  last  meal.  They  must  of 
course  be  signed  by  the  person  to  whom  payment  is  made.  If  sig- 
nature is  by  cross  mark,  it  must  be  attested  by  some  person  other 
than  the  marshal  or  deputy. 


92  INSTRUCTIONS   TO   UNITED   STATES   MARSHALS. 

GUARDS. 
GENERAL  INSTRUCTIONS. 

382.  The  determination  of  the  necessity  for  guards  must  ordi- 
narily bo  left  to  the  discretion  of  the  marshal,  who  is  responsible  for 
the  exorcise  of  an  economical  and  business-like  control  of  this  matter. 
Each  voucher  covering  guard  hire  should  show  under  the  heading 
"Remarks"  why  the  guard  was  deemed  necessary. 

383.  Trainmen,  drivers  of  vehicles,  etc.,  while  on  duty  as  such 
should  not  be  employed  as  guards. 

TRAVELING  GUARDS. 

384.  Trav^  jng  guards  are  compensated  as  follows: 

(a)  If  employed  by  the  marshal,  a  salaried  deputy,  or  a  fee  deputy, 
on  a  trip  for  which  actual  expenses  are  charged  in  lieu  of  mileage;  not 
exceeding  S2  per  day,  chargeable  directly  against  the  United  States; 
also  subsistence  and  lodging  expenses  actually  paid  by  the  marshal  or 
deputy,  not  to  exceed  $3  per  day:  Provided,  that  meals  for  less  than 
one  day  should  not  average  over  SI  each. 

(6)  If  employed  by  a  fee  deputy,  on  a  trip  for  which  mileage  is 
charged,  the  only  compensation  chargeable  against  the  United 
States  is  ID  cents  per  mile,  allowable  to  the  deputy  for  each  neces- 
sary guard;  hence  the  deputy  must  personally  compensate  such 
guards,  covering  both  their  services  and  expenses. 

STATIONARY  GUARDS. 

385.  If  stationary  guards  are  necessary  at  a  place  where  there  is 
no  jail,  they  may  be  employed  and  paid  not  exceeding  $2  per  day, 
chargeable  against  the  United  States.  If,  however,  the  service  is 
continuous,  it  is  permissible  to  pay  a  day,  and  also  a  night,  guard. 

FORMS. 

386.  The  following  forms  should  be  used  for  vouch ering  compen- 
sation paid  to  guards: 

(a)  If  em])loycd  by  a  fee  deputy,  as  traveling  guard  when  mileage 
is  charged,  11. 

{h)  If  employed  as  traveling  guard  when  actual  expenses  are 
charged,  30. 

(c)  If  employed  for  service  in  transporting  prisoners  to  another 
district,  30. 

id)  If  employed  for  stationary  service,  12. 


INSTRUCTIONS    TO    UNITED    STATES    MARSHALS .  93 

FEEDING  PEISONEES  IN  MARSHAL'S  CUSTODY. 

387.  The  actual  necessary  expenses  of  feeding  prisoners,  not  to 
exceed  $3  per  day,  while  being  transported  in  the  custody  of  a  mar- 
shal or  deputy  should  be  paid  by  him:  Provided,  that  meals  for 
less  than  one  day  should  not  average  over  $1  each. 

388.  Prior  to  placing  the  prisoner  in  jail  the  appropriation  "Salaries, 
fees,  and  expenses  of  marshals"  is  applicable  for  feeding  prisoners, 
as  above  stated.  After  commitment,  and  also  while  temporarily  in 
jail,  the  appropriation  "Support  of  Prisoners,  U.  S.  Courts,"  is  appli- 
cable.    (See  4  Comp.,  525.) 

389.  If  it  is  necessary  for  a  deputy  to  temporarily  place  his  prisoner 
in  jail,  and  the  jailor  demands  immediate  payment,  it  may  be  made 
by  the  deputy  and  included  in  his  voucher  under  "Salaries,  Fees,  and 
Expenses  of  Marshals,  U.  S.  Courts";  unless  the  department  has  a 
contract  with  said  jailor  for  the  keep  of  prisoners.  (See  13  Comp., 
856.) 

KEEPING  PERSONAL  PROPERTY— COMPENSATION  AND 
EXPENSES. 

390.  Such  compensation  as  the  court,  on  petition  setting  forth 
the  facts  under  oath,  may  allow,  is  payable  for  the  keeping  of  personal 
property  attached  on  mesne  process.     (See  par.  471&.) 

391.  A  copy  of  the  petition  and  order  of  court  must  accompany 
vouchers  for  such  payment. 

392.  In  cases  to  which  the  United  States  is  not  a  party  moneys 
payable  to  persons  other  than  the  marshal  or  his  deputies  for  keeping 
property  attached  under  mesne  process  should  be  collected  from  the 
litigants  and  paid  directly  to  the  respective  claimants.  Such  items 
should  not  appear  in  any  manner  in  the  marshal's  accounts,  nor  be 
paid  to  the  clerk  of  the  court.     (See  6  Comp.,  827.) 

393.  A  fee  deputy  is  entitled  to  compensation  allowed  by  the 
court  under  section  829,  R.  S.  U.  S.,  for  his  services  in  keeping  per- 
sonal property  attached  on  mesne  process;  but  not  to  his  expenses  in 
earning  such  compensation.     (See  4  Comp.,  646.) 

394.  Marshals  are  not  authorized  to  reimburse  fee  deputies  for 
expenses  of  caring  for  and  preserving  property  seized  under  a  writ  of 
replevin.     (See  Comp.  to  Cooper,  E.  Ark.,  May  26,  1898.) 

395.  Expenses  incident  to  keeping,  advertising,  etc.,  property 
seized  for  violations  of  the  pure-food  law  are  payable  from  the  pro- 
ceeds of  the  sale.  If  the  amount  realized  is  less  than  such  expenses 
the  balance  only  (and  in  the  event  no  sale  is  ordered  the  entire 
amount)  is  payable  from  the  proper  judiciary  appropriations  upon 
the  order  of  the  court  and  the  authority  of  the  Attorney  General. 


94  INSTRUCTIONS    TO   UNITED   STATES   MARSHALS. 

396.  The  appropriation  "Salaries,  Fees,  and  Expenses  of  Marshals" 
is  apphcable  to  expenses  of  a  marshal  in  guarding  property  seized 
under  the  internal  revenue  laws,  and  delivered  to  liim  under  the 
provision  of  section  3458,  K,.  S.  U.  S.,  when  such  expenses  have  been 
taxed  by  the  court.     (See  13  Comp,,  315.) 

397.  Expenses  of  a  collector  of  internal  revenue  incurred  in  seizing 
property  prior  to  the  issuance  of  process  and  before  it  was  turned 
over  to  the  marshal  are  not  chargeable  against  any  judiciary  appro- 
priation, even  when  taxed  as  costs  and  paid  to  the  clerk  of  the  court. 
(See  15  Comp.,  782.) 

EXPENSES  OF  TRAVEL  AND  SUBSISTENCE  OF  MARSHALS  AND 
SALARIED  DEPUTIES. 

GENERAL  INSTRUCTIONS. 

398.  For  vouchering  expenses  of  travel  and  subsistence  of  the 
marshal  or  a  salaried  deputy,  the  following  forms  should  be  used: 

(a)  For  service  of  criminal  process,  Form  194. 
(6)  For  service  of  civil  process,  Form  25. 

Note. — Mileage  in  civil  cases  is  governed  by  Sec.  829,  R.  S.  U.  S.,  and 
not  by  State  laws.    Show  number  of  miles  traveled  in  efoery  instance. 

(c)  In  transacting  oflQicial  business  away  from  headquarters,  other 
than  the  service  of  process,  Form  192. 

399.  Expenses  must  be  itemized  and  supported  by  receipts, 
when  required.     (Pars.  380  and  381.) 

400.  The  object  of  each  trip  should  be  indicated.  Unusual  delay 
at  any  point,  or  travel  by  an  indirect  or  unusual  route,  must  be 
explained. 

SUBSISTENCE  ITEMS.  * 

401.  Expenses  of  lodging  and  subsistence  are  limited  by  law  to 
$4  per  day  for  marshals,  and  $3  per  day  for  salaried  deputies.  Each 
day  must  !);>  separately  considered.  Charges  for  several  days  may 
not  be  averaged.     (See  4  Comp.,  418.) 

402.  The  daily  expense  begins  with  breakfast  and  ends  with 
lodging.  (See  7  Comp.,  338.)  The  cost  of  each  meal  must  be  sepa- 
rately shown.  Charges  for  meals  at  official  headquarters  are  not 
ordinarily  allowable.     (See  17  Comp.,  276.) 

403.  Fees  to  waiters,  not  exceeding  45  cents  per  day  (when  not 
prohibited  by  State  law),  and  when  there  is  continuous  absence  from 
headquarters  for  six  days  or  more,  laundry,  at  not  exceeding  the  rate 
of  $6  per  montli,  will  be  allowed  as  part  of  and  within  the  maximum 
per  diem  for  subsistence. 


INSTRUCTIONS   TO    UNITED  STATES   MARSHALS.  95 

TRAVEL  ITEMS. 

404.  Marshals  and  salaried  deputies,  in  addition  to  expenses  of 
lodging  and  subsistence,  are  entitled  to  actual  traveling  expenses,  as 
provided  by  law.     (See  29  Stat.  L.,  183^  and  35  Stat.  L.,  640.) 

405.  Charges  for  hire  of  vehicles,  which  will  be  allowed  only  when 
the  necessity  therefor  is  clearly  shown,  should  specify  when  and 
between  what  points  they  were  used,  as  well  as  the  distance  traveled. 
Street  cars  or  public-service  vehicles  should  be  used  whenever  prac- 
ticable. 

406.  The  points  between  which  travel  is  made  on  radroads  must 
be  shown.  Roimd  trip  tickets  shoidd  be  used  whenever  practicable 
and  economical. 

407.  The  cost  of  a  berth  in  a  sleeping-car  is  held  to  be  a  traveling 
expense  and  not  an  expense  for  lodging.     (See  3  Comp.,  386.) 

408.  Marshals  and  deputies  are  not  entitled  to  reimbursement  for 
expenses  as  follows: 

(a)  Incident  to  delay  upon  private  business. 

(&)  For  travel  to  serve  a  writ  issued  from  a  court  in  another  dis- 
trict if  the  writ  does  not  run  out  of  the  district  in  which  issued. 
(See  4  Comp.,  642.) 

(c)  For  payments  made  to  his  wife  at  a  fixed  rate  for  subsistence 
at  his  home,  in  a  place  other  than  official  headquarters.  (See  21 
Comp.,  518.) 

{d)  Traveling  to  make  personal  service  of  a  venire  on  a  person  who 
resides  elsewhere  than  at  the  place  where  the  court  is  to  be  held. 
(See  19  Comp.,  339.) 

(e)  For  use  of  his  own  means  of  conveyance.  (See  21  Comp., 
219.) 

/  (/)  Incident  to  transporting  or  recapturing  a  prisoner  whose  escape 
is  due  to  neghgence.     (See  15  Comp.,  507.) 

409.  Marshals  and  deputies  are  entitled  to  reimbursement  of 
expenses  as  follows : 

(a)  Incident  to  accompanying  a  jury  of  view  (within  the  usual 
limitations).     (See  pars.  38  to  40.) 

(6)  Necessary  porterage  (when  not  prohibited  by  State  law)  on 
sleeping  cars,  not  exceeding  25  cents  per  day,  or  parlor  cars  not  ex- 
ceeding 15  cents  per  day,  for  the  marshal,  each  deputy,  each  prisoner, 
and  each  guard. 

(c)  While  accompanying  revenue  ofiicers  in  raiding  illicit  distil- 
leries up  to  the  time  of  making  arrests,  subject  to  the  limitation  of 
$5  per  day,  provided  they  are  engaged  on  internal-revenue  business 
exclusively,  such  compensation  being  payable  from  the  appropriation 
made  for  the  Internal-Revenue  Sers^ice.  (See  T.  D.  2167,  Mar.  1, 
1915.) 


96  INSTRUCTIONS    TO    UNITED    STATES    MARSHALS. 

(d)  Fees  earned  and  expenses  incurred  in  transporting  without 
warrants  offenders  arrested  in  the  act  of  operating  illicit  distilleries. 
(See  16  Comp.,  669.) 

(e)  Where  a  room  in  a  hotel  is  occupied  jointly  by  a  Government 
employee  and  his  wife,  only  one-half  of  the  hotel's  charge  for  the 
room  may  be  reimbursed  such  employee.     (See  21  Comp.,  599.) 

(/)  Actual  reasonable  cost  of  provisions  carried  for  use  on  a  trip 
if  properly  described  in  the  voucher. 

(g)  Reasonable  fees  actually  paid  to  expressmen  and  porters  who 
handle  baggage  on  arrival  at  and  departure  from  hotels  and  stations 
will  be  allowed  as  expenses  of  travel,  when  not  prohibited  by  State 
law. 

410.  A  salaried  deputy  who  takes  a  prisoner  before  other  than  the 
nearest  commissioner  is  entitled  only  to  expenses  which  would  have 
been  incurred  had  he  been  taken  before  the  nearest  one.  (See  17 
Comp.,  949.) 

TRANSPORTING  CONVICTS. 

(Chargeable  under  "Salaries,  Fees,  and  Expenses  of  Marshals.") 

411.  The  reasonable  actual  expense  of  transporting  convicts  to  a 
prison  outside  of  the  district  are  ordinarily  allowable.  (See  par.  471 
{u);  also  164  U.  S.,  82.) 

412.  Form  6  should  be  used  in  vouchering  all  such  expenses. 

413.  If  a  marshal  removes  a  prisoner  adjudged  insane  before  trial 
to  the  Government  Hospital  for  the  Insane,  under  instructions  of  the 
Attorney  General,  he  is  entitled  to  his  actual  expenses,  with  the  usual 
limitations.     (See  3  Comp.,  151.) 

414.  If,  by  reason  of  negligence,  a  prisoner  escapes,  but  is  recap- 
tured and  committed,  reimbui-sement  may  be  made  for  the  expense 
incurred  in  transporting,  less  that  portion  caused  by  tte  escape  and 
recapture.     (See  20  Comp.,  159.) 

415.  The  receipt  of  the  prison  authorities  for  the  bodies  of  convicts 
delivered  should  be  obtained  and  attached  to  the  expense  account. 

416.  If  the  time  required  to  reach  a  point  where  prisoners  are 
delivered  is  less  than  one  day  (24  hours),  a  stop-over  of  12  hours 
will  be  allowed  at  the  point  of  destination;  if  the  time  required  is  one 
day  (24  hours)  or  more,  a  stop-over  of  24  hours  wiU  be  allowed. 

FEES  AND  EXPENSES  OF  FEE  DEPUTIES. 

GENERAL  INSTRUCTIONS  AS  TO  COMPENSATION. 

417.  Fee  deputies  are  entitled  to : 

(a)  The  gross  fees  earned,  including  mileage,  not  to  exceed  $1,500 
per  fiscal  year,  or  at  that  rate  for  a  portion  of  a  fiscal  year.  (See 
36  Stat.  L.,  1355.) 

(&)  Actual  expenses  endeavoring  to  arrest,  not  exceeding  $2  per 
day.     (See  par.  471  (r).) 


IXSTRUCTIOXS    TO    UXITED  STATES    MAKSIIALS.  97 

(c)  Actual  expenses,  if  preferred,  in  lieu  of  mileao;e.  (See  36  Stat. 
h.,  1355.) 

(d)  Not  to  exceed  $5  per  day  as  possemen  or  guides,  inclusive  of 
actual  expenses,  when  accompanying  revenue  officers  in  raiding  illicit 
distilleries.  Such  compensation,  which  ceases  when  the  arrest  is 
made,  is  payable  from  the  appropriation  for  the  Internal-Revenue 
Service.     (See  Treasury  Circular  2167.) 

418.  Form  26  should  be  used  for  fees  and  expenses  in  the  service 
of  warrants  of  arrest  and  subpoenas,  and  in  the  transportation  of 
prisoners  within  the  district.  Form  54  for  the  service  of  a  capias  or 
bench  warrant. 

419.  If  charges  are  made  under  a  State  fee  bill  (par.  471  (f)),  the 
voucher  should  give  definite  statutory  reference  thereto. 

MAXIMUM  COMPENSATION  AND  ITS  COMPUTATION. 

420.  If  the  fees  earned  amount  to  $1,500  before  the  end  of  the 
fiscal  year,  fee  deputies  must  nevertheless  continue  to  serve  during 
the  whole  year  in  order  to  be  entitled  to  the  entire  maximum  com- 
pensation. Actual  expenses  may  be  allowed  in  lieu  of  mileage  after 
the  maximum  has  been  earned;  also  expenses,  not  exceeding  %2  per 
day,  endeavoring  to  arrest.     (See  3  Comp.,  575.) 

421.  The  earnings  of  a  given  quarter  may  be  paid  to  cover  a 
deficiency  in  another  quarter  of  the  same  fiscal  year.  (See  3  Comp., 
226.) 

422.  Fee  deputies  may  be  allowed  such  proportion  of  the  maxi- 
mum compensation  as  the  number  of  days  of  service  bears  to  the 
number  of  days  in  the  year.      (See  6  Comp.,  778.) 

423.  If  a  marshal  notifies  a  fee  deputy  of  his  predecessor  that  he 
will  be  retained,  and  later  formally  appoints  him,  the  formal  appoint- 
ment may  be  considered  as  a  confirmation  of  the  prior  actual  ap- 
pointment, and  the  deputy  is  entitled  to  have  his  maximum  com- 
pensation computed  accordingly.     (See  13  Comp.,  501.) 

424.  The  sending  of  writs  to  a  former  fee  deputy  by  a  reappointed 
marshal  for  service  is  held  to  be  equivalent  to  a  reappointment  of 
said  deputy.     (See  12  Comp.,  766.) 

MILEAGE. 

GENERAL  INSTRUCTIONS. 

425.  Mileage  for  travel  to  serve  process  and  transport  prisoners  is 
prescribed  by  section  829,  R.  S.  U.  S.  (par.  471  (w)  and  (t),  re- 
spectively). Mileage  in  civil  cases  is  governed  by  the  section  above 
mentioned  and  not  by  the  State  fee  bill. 

426.  When  a  fee  deputy  serves  several  writs  upon  the  same  trip, 
he  must  elect  to  take  mileage  or  actual  expefises  for  the  whole  trip. 
He  ma}"  not  be  allowed  mileage  in  part  and  expenses  in  part.  (See 
1  Comp.,  128;  6  Comp.,  963.) 

895—16 7 


98  INSTRUCTIOXS    TO    UNITED    STATES    MARSHALS. 

MILEAGE  FOR  TRANSPORTING  DEFENDANTS  FOR  HEARING. 

427.  Defendants  (excepting  as  stated  in  pars.  429,  438)  must  be 
taken  l)efore  the  nearest  commissioner  or  the  nearest  judicial 
officer  having  jurisdiction;  otherwise  no  mileage  is  allowable.  (See 
2<S  Stat.  L.,  416.) 

Note. — As  a  general  rule,  defendants  should  be  taken  before  the  nearest  commis- 
sioner rather  than  before  a  State  or  county  official. 

428.  The  question  as  to  which  of  two  or  more  officers  is  nearest  is 
one  of  fact  for  determination  in  each  particular  case.  The  nearest 
commissioner  is  held  to  be  the  one  who  is  nearest  by  the  most  prac- 
tical and  usually  traveled  route.  If,  however,  mileage  is  claimed  for 
taking  the  prisoner  to  a  commissioner  who  is  not  the  nearest  by  geo- 
metrical measurement,  the  account  must  show  that  the  officer  before 
whom  the  defendant  was  taken  was  the  nearest  within  the  meaning 
of  the  act  of  August  18,  1894.     (See  2  Comp.,  354.) 

429.  If  the  nearest  commissioner  refuses  to  hear  the  case,  or  is 
known  to  be  absent  from  his  official  headquarters,  the  deputy  may 
proceed  to  the  next  nearest  commissioner.  (See  Comp.  to  Marshal 
Griffith,  Sept.  16,  1898.)  In  such  cases,  however,  a  certificate  should 
be  procured  from  said  nearest  commission(U',  setting  forth  the  facts. 
(See  par.  373.) 

430.  If  a  defendant  is  arrested  on  a  comiiiissioner's  warrant, 
based  on  indictment  found  in  another  district,  he  need  not  be  taken 
before  a  commission(T  (unless  for  the  purpose  of  giving  bond),  but 
may  ])e  taken  direct  to  the  judge  for  a  warrant  of  i'(>moval.  (See 
Comp.  Feb.  28,  1908,  to  marshal,  Colorado.) 

431.  Persons  arrested  on  writs  of  capias  need  not  be  taken  before 
the  nearest  commissioner,  but  should  be  takeji  directly  to  court, 
if  in  session,  unless  the  defendant  desires  to  give  bond  f'or  his  appear- 
ance. (vSee  Comp.  Oct.  17,  1900,  to  marshal,  western  district 
V'ifgiuia.) 

MILEAGE  IN  CHINESE  DEPORTATION  CASES. 

432.  The  district  att(H-n"y  may  designate  the  commissioniM'  within 
his  district  before  whom  Chinese  arrested  for  being  unlawfully  in  the 
United  States  shall  be  taken  for  hearing.     (See  31  Stat.  L.,  1093.) 

433.  If  a  commissioner  other  than  the  nearest  one  is  so  designated, 
til"  iK'ccssity  therefor  sliould  be  fully  <>xplained. 

MISCELLANEOUS  REGULATIONS  GOVERNING  MILEAGE. 

434.  Fe<>  d<'j)uties  are  entitled  to  mileage: 

(«)  From  tli<>  place  where  the  service  of  pro(ivs  is  actually  entered  upon,  not 
^Tcaler.  however,  tlian  from  (he  |)lace  where  it  isaxtually  received.     (See4  Comp..  r>Kl.\ 

{!))  One  mileajj;('  only,  irresjjective  of  the  numix'rof  writs  cxcciilfwi.  (Sec  :i('omii.. 
2:W.  ;ui.l  i:i  Comp..  :i()7.) 


IXSTKUCTIONS    TO    UXITEO  STATES    MARSHALS.  99 

((■)  For  travel  to  serve  writs  demaiidinp;  immediate  action,  althoii<;h  Ihe  defendants 
may  have  moved  to  a  locality  nearer  to  another  de])uty. 

((/)  For  travel  to  collect  money  in  satisfaction  of  writs  of  execution.  (See  5  Comp., 
220.) 

(e)  For  transporting  on  a'  writ  of  commitment  a  prisoner  who  escapes,  provided 
the  prisoner  is  recaptured  and  the  writ  executed.     (See  11  Comp..  117.) 

(/)  For  100  miles  only,  serving  a  subpoena  in  a  civil  case,  when  the  witness  lives  in 
another  district  but  not  more  than  100  miles  from  the  place  of  holding  court.     (See 

7  Comp.,  812.) 

435.  Fee  deputies  are  not  entitled  to  mileage: 

(a)  For  serving  process  for  poor  litigants  when  tlie  fees  are  not  collected.     (See 

8  Comp.,  380.) 

(6)  For  traveling  without  process  to  bring  prisoners  temporarily  committed  before 
a  commissioner  for  final  hearing.     (See  16  Comp.,  295.) 

(c)  For  traveling  upon  unexecuted  writs  (see  3  Comp..  147)  or  for  travel  without  cost. 

{d)  For  clearly  unnecessary  travel.     (See  8  Comp.,  233.) 

(e)  For  traveling  without  process  merely  to  notify  witnesses  that  they  have  been 
subpoenaed.     (See  4  Comp.,  369.) 

(/)  For  traveling,  under  orders,  to  take  a  jnisoner  before  other  than  the  nearest 
commissioner.     (See  12  Comp.,  183,  and  15  Comp.,  142.) 

{g)  For  transporting  a  prisoner  arrested  under  the  Chinese  exclusion  act  to  the 
commissioner  who  issued  the  warrant,  there  being  a  nearer  officer  authorized  to  hear 
the  case.     (See  2  Comp..  457.) 

(h)  For  transporting  a  prisoner  arrested  at  the  instance  of  his  surety  during  a  session 
of  court.     (See  6  Comp..  449.) 

(i)  For  transporting  a  prisoner  who  escapes  through  negligence  before  the  writ 
of  commitment  is  executed.     (See  12  Comp.,  435.) 

{k)  For  transporting  a  prisoner  who  escapes  without  fault  of  the  deputy  prior  to 
his  production  before  the  committing  magistrate  for  hearing.     (See  13  Comp.,  316.) 

(l)  For  traveling  to  attend  a  hearing  before  a  commissioner.  (See  7  Comp.,  242, 
and  15  Comp.,  MS.,  608.) 

(m)  For  serving  subpoenas  in  civil  cases  when  the  witness  lives  in  another  district 
and  more  than  100  miles  from  the  place  of  holding  court.     (See  11  Comp.,  634.) 

ACTUAL  EXPENSES  IN  LIEU  OF  MILEAGE. 

436.  A  fee  deputy  may  elect  to  take  actual  expenses  on  any  trip 
in  lieu  of  mileage.  (See  par.  471  (ic).)  He  may  not,  however, 
receive  expenses  for  a  portion  of  a  trip  and  mileage  for  another 
portion.  Actual  expenses  are  allowable  to  the  place  where  service 
is  made  and  return  to  the  place  where  service  was  started  or  to  his 
official  station.     (See  6  Comp.,  926  and  963.) 

437.  A  fee  deputy  who  elects  to  take  actual  expenses  in  lieu  of 
mileage  transporting  prisoners  committed  to  jail  by  a  commissioner 
is  entitled  to  such  expenses  for  himself,  prisoners,  and  necessary 
guards,  including  the  per  (hem  compensation  for  guard  service. 
(See  7  Comp.,  MS.,  464.) 

438.  A  fee  deputy  may  be  allowed  actual  expenses  but  not  mileage 
for  traveling  with  a  writ  of  commitment  to. get  possession  of  a  pris- 
oner.     (See  11  Comp.,  248.) 


100  TXSTRUCTIOXS    TO    UNITED    .STATES    MARSHALS. 

EXPENSES  ENDEAVORING  TO  ARREST. 

439.  Fee  deputies  (whether  employed  in  single  or  double  fee 
districts,  and  whether  the  endeavor  is  or  is  not  successful)  are  entitled 
to  actual  necessary  expenses  not  to  exceed  $2  per  day  incurred  in 
endeavoring  to  arrest  under  process  persons  charged  with  or  convicted 
of  crime.  (See  par.  471  (r).)  If  the  endeavor  is  not  successful,  the 
voucher  should  show  specifically  what  efforts  were  made,  the  points 
between  which  travel  was  made,  and  the  distance  traveled  each  day. 

440.  Expenses  for  consecutive  days  for  a  given  trip  may  be  aver- 
aged. (See  16  Comp.,  487.)  They  are  allowable  only  prior  to  arrest, 
and  only  when  process  is  in  hand.     (See  3  Comp.,  665.) 

441.  Such  expenses  may  be  allowed  for  endeavoring  to  execute 
an  attachment  on  a  defaulting  witness  for  contempt  of  court.  (See 
13  Comp.,  359.) 

442.  Expenses  of  a  deputy  endea\oring  to  arrest  are  allowable 
in  connection  with  the  execution  of  search  warrants.  (See  Comp. 
to  Auditor,  Feb.  1,  1916.) 

SERVICE  FEES. 
GENERAL  AND  MISCELLANEOTJS. 

443.  Fees  are  allowable  to  fee  deputies  for  serving  the  process  of 
poor  litigants  only  if  collection  is  made  from  the  litigants.  (See 
8  Comp.,  380.) 

444.  Fees  for  serving  a  petition  in  bankruptcy  are  not  allowable. 
(See  21  Comp.,  439.) 

445.  Only  fees  specifically  provided  by  law  for  the  particular 
service  rendered  are  allowable  for  services  in  behalf  of  parties  to  suits. 
(See  3  Comp.,  733.) 

.     WARRANTS  AND  OTHER  LIKE  WRITS. 

446.  Fees  for  the  service  of  warrants,  writs  of  possession,  etc.,  are 
prescribed  by  section  829,  R.  S.  U.  S.     (See  par.  471  (a)  and  (/").) 

447.  If  two  or  more  warrants  issued  for  the  arrest  of  a  person 
charged  with  two  or  more  offenses  are  delivered  to  the  marehal  for 
service,  fees  are  allowable  for  serving  each  of  them.  (See  3  Comp., 
261.) 

448.  In  vouchering  charges  for  serving  a  capias  or  bench  warrant, 
it  must  bo  shown  wlietluM-  defendant  was  on  bail,  and  if  so  whether 
the  r(^cognizance  was  forfeited,  the  defendant  in  default,  or  the  war- 
rant issued  upon  the  order  of  the  court.     (See  24  Stat.  L.,  p.  541.) 

449.  Service  foes  are  allowahle  as  follows: 

(a)  When  Iho  roinmissioner  did  not  have  juri.'sdiction,  provided  the  warrant  with 
the  complaint  or  aHidavit  attached  did  not  show  on  its  face  .<*uch  lack  of  authority. 
(See  5  Comp.,  299.) 


INSTBUCTIONS    TO    UNITED  StATES    MA^i'^AL^'i    '   .  101 

(/;)  For  wariants  of  removal.     (See  10  Comp.,  386.) 

{(■)  For  capias  specially  ordered  by  the  court  to  issue  when  the  (lefendaiit  is  on  bund. 
(See  Comptroller  to  Marshal,  western  district  of  Virginia,  Jan.  5,  1900.) 

(d)  When  the  defenda\it  is  on  bond  for  another  offense.     (See  8  Comp.,  197.) 

(e)  F'or  lawful  search  warrants.  (See  Comp.  to  Attorney  General,  Jan.  14,  1916, 
and  to  Auditor,  Feb.  1,  1916.) 

(/)  For  writs  of  attachment  issued  by  the  cuurl  in  another  district  for  defaulting 
witnesses.     (See  3  Comp.,  246.) 

{[/)  For  writs  of  habeas  corpus  ad  tesiilicaiidum,  anywliere  in  the  United  States. 
{See  6  Comp.,  926.) 

(/))  I'^or  commissioner's  mandate  under  section  1042,  R.  S.  U.  S.  (See  3  Comp., 
161  and  15  Comp.,  142.) 

450.  Service  fees  are  not  allowable  as  follows: 

(a)  When  the  writ  shows  on  its  face  that  it  was  illegally  issued.     (See  6  Comp.,  213.) 
(6)  For  serving  orders  to  bring  prisoners  in  custody  into  c<;urt  or  lor  I'emanding  pris- 
oners from  the  couit  into  custody.     (See  15  Comp.,  641.) 

(c)  For  commissioner's  warrants  in  internal  revenue  cases  issued  upon  complaints 
of  private  citizens  not  first  approved  in  w  riting  by  the  district  attorney.  (See  4  Comp., 
448  and  672.^ 

(d)  For  attachments  issued  by  conuuissioners  fur  defaulting  witnesses.  (See  7 
Comp.,  389.) 

{e)  F^or  scire  facias  issued  in  another  district.     (See  3  Comp.,  526,  and  9  Comp.,  331.) 

(f)  For  publishing  notices  to  claimants  in  proceedings  in  rem  brought  by  the  United 
States  for  the  seizure  of  goods  under  the  customs  laws.     (See  13  Comp..  170.) 

(g)  For  serving  warrants  in  which  there  is  not  a  sufficient  de.scription  by  name  or 
otherwise  of  the  person  to  be  arrested  to  enable  identification,  i.e..  •simple  John  Doe 
warrants.     (See  16  Comp..  891.) 

FOR  ATTENDANCE  BEFORE  COMMISSIONERS. 

451.  Fees  for  attending  examinations  before  coniniissioners  are 
prescribed  by  section  829,  R.  S.  U.  S.      (See  par.  471  (v).) 

452.  Usually  only  one  deputy  is  necessary;  if  two  are  in  attendance 
the  necessity  should  be  shown.  If  the  hearing  is  held  at  the  head- 
quarters of  the  marshal  or  a  salaried  deputy,  and  the  attendance  of 
more  than  one  ofhcer  is  necessary,  the.  marshal  or  a  salaried  ileputy 
should  attend. 

453.  If  a  deputy  attends  before  different  commissioners  on  the 
same  day,  one  per  diem  is  allowal.lo  for  rttendance  before  each 
commissioner.  Only  one  per  diem,  however,  is  allowable  for  attend- 
ance before  the  same  commissioner  in  different  cases  on  the  same  day. 
(See  14  Comp.,  66.) 

454.  Per  diems  of  more  than  two  deputies  in  the  same  case  on  the 
same  day  are  not  allowable.     (See  par.  471,  (v).) 

455.  A  fee  deputy  is  entitled  to  a  per  diem  for  attending  before  a 
commissioner  in  the  absence  of  the  defendant  upon  continuance  of 
an  examination  (see  5  Comp.,  250)  and  when  a  prisoner  arrested  on 
capias  is  released  on  bond.     (See  5  Comp.,  252.) 

456.  A  per  diem  is  not  allowable  for  attending  before  a  district 
judge  unless  he  is  sitting  as  a  committing  magistrate.  (See  13 
Comp.,  359.) 


102  INSTIJUOTIOXS    TO    UXITED    STATES    MARSHALS. 

SUBPCENAS,  VENIRES,  ETC. 

457.  Fees  for  service  of  subpoenas  and  venires  are  prescribed  by 
section  829,  R.S.  U.S.  (See  par.  471  (e)  and  (c).)  ,  Form  55  should  be 
used  for  service  charges  on  court  subpoenas,  and  Form  34  for  venires. 

458.  Only  one  subpoena  should  be  issued  and  served  for  a  witness 
needed  in  two  or  more  cases  at  the  same  term  of  court.  (Sec.  877, 
R.  S.  U.  S.) 

459.  The  total  amount  of  the  fees,  uicluding  mileage  for  serving 
venires,  for  a  given  term  of  court  may  not  exceed  S50.  This  limit 
applies  to  double  as  well  as  single  fee  districts.  Actual  expenses  in 
lieu  of  mileage  are  not  considered  in  computing  the  total  amount  of 
the  service  fees. 

460.  Fees  are  alloivable  for  serving  subpoenas  in  the  following 
instances : 

(a)  When  issued  by  the  court  for  witnesses  to  appear  before  com- 
missioners.    (See  9  Comp.,  86.) 

(6)  For  witnesses  in  antitrust  cases  whether  residing  within  or 
without  the  district.     (See  1st  Supp.  R.  S.,  763.) 

461.  Fees  are  not  allowahle  for  serving  subpoenas  as  follows: 
(cr)  By  deputy  upon  himself. 

{h)  Issued  by  a  commissioner  for  witnesses  residing  outside  of  his 
district.     (See  8  Comp.,  276.) 

(c)  When  not  dehvered  or  read  to  the  witnesses.    (See  9  Comp.,  86.) 
(f/)  By  mail,  excepting  in  civil  cases  other  than  equity  and  admi- 
ralty when  authorized  by  State  law.     (See  5  Comp.,  210.) 

COMMITTING  AND  DISCHARGING  PRISONERS. 

462.  Fees  for  committing  and  discharging  pi'isoners  are  prescribed 
by  section  829,  R.  S.  U.  S.     (See  par.  471  {s).) 

463.  A  fee  deputy  is  not  entitled  to  fees  for — 

(a)  Committing  prisoner  without  a  duly  issued  writ.  (See  2  Comp., 
655.) 

(6)  Discharging  a  prisoner  not  actually  in  his  custody. 

(c)  Serving  a  second  final  commit meiit  issued  by  a  commissioner. 
(See  19  Comp.,  MS.,  544.) 

id)  Delivering  a  prisoner  to  tlu^  custody  of  a  marshal. 

{e)  Discharging  a  prisoner  who  has  been  bonckMl  to  ai)i)ear  before 
a  commissioner.     (See  2  Comp..  550  and  603.) 

464.  A  defendant  who  gives  bond  for  his  a})j)carancc  for  a  hearing 
before  a  commissioiu^r  comes  again  into  the  custody  of  the  marshal 
upon  being  held  for  court,  and  the  fee  for  disciiarging  him  upon  bail 
is  allowable.     (See  2  Comp.,  550.) 


INSTRUCTIONS    TO    UNITED  STATES    MARSHALS.    '  103 

FEES  AND  EXPENSES  IN  ADMIRALTY  CASES. 

465.  Fees  and  expenses  in  admiralty  cases  are  prescribed  by  sec- 
tion 829,  R.  S.  U.  S.     (See  par.  471  (/)  and  (m)  to  (q).) 

466.  The  fees  to  wliich  a  fee  deputy  is  entitled  in  admiralty  oases 
(other  than  those  prescribed  by  section  829,  R.  S.  U.  S.)  are  those 
provided  for  by  the  State  practice  in  such  cases.  (See  Comp.  to 
Marshal  of  New  Jersey,  Sept.  25,  1915.) 

467.  Section  829,  R.  S.  U.  S.  (par.  471  (o)),  limits  the  hire  of 
keepers  to  S2.50  for  each  day  of  twenty-four  hours.  (See  1  Comp., 
309.)  Further  instructions  concerning  the  expenses  of  keeping  per- 
sonal property  will  be  found  in  paragraphs  390  to  397. 

468.  Wliere  a  rule  or  practice  of  the  court  in  admiralty  cases  re- 
quires the  issuing  of  a  writ  for  the  release  of  an  attached  vessel,  a  fee 
deputv  is  entitled  to  the  usual  fee  for  serving  such  writ.  (See  4  Comp., 
369.)  " 

469.  A  bill  of  sale  of  a  vessel  is  a  deed  within  the  meaning  of  the 
provision  in  section  829,  R.  S.  U.  S.,  which  fixes  a  fee  of  %5  "for  draw- 
ing and  executing  a  deed."     (See  5  Comp.,  759.) 

470.  A  marshal  is  not  authorized  to  pay  the  costs  in  pauper  cases 
for  publishing  a  monition  in  a  suit  in  admiralty  against  a  vessel  or  of 
keeping  the  vessel  while  in  his  custody.  (See  7  Comp.,  203,  and  36 
Stat.  L.,  866.) 

FEE  BILL. 

471.  Section  829,  Revised  Statutes: 

(a)  For  service  of  any  warrant,  attachment,  summons,  capias,  or  other  writ,  except 
execution,  venire,  or  a  summons  or  subpoena  for  a  witness,  two  dollars  for  each  per- 
son on  whom  service  is  made. 

(6)  For  the  keeping  of  personal  property  attached  on  mesne  process,  such  compen- 
sation as  the  court,  on  petition  setting  forth  the  facts  under  oath,  may  allow. 

(c)  For  serving  venires  and  summoning  every  twelve  men  as  grand  or  petit  jurors, 
four  dollars,  or  thirty-three  and  one-third  cents  each. 

(d)  For  holding  a  court  of  inquiry  or  other  proceedings  before  a  jury,  including 
the  summoning  of  a  jury,  five  dollars. 

(e)  For  serving  a  writ  of  subpoena  on  a  witness,  fifty  cents;  and  no  further  compen- 
sation shall  be  allowed  for  any  copy,  summons,  or  notice  for  a  witness. 

(f)  For  serving  a  writ  of  possession,  partition,  execution,  or  any  final  process,  the 
same  mileage  as  is  allowed  for  the  service  of  any  other  writ,  and  for  making  the  service, 
seizing  or  levying  on  property,  advertising  and  disposing  of  the  same  by  sale,  set-off, 
or  otherwise  according  to  law  receiving  and  paying  over  the  money,  the  same  fees 
and  poundage  as  are  or  shall  be  allowed  for  similar  services  to  the  sheriffs  of  the  States, 
respectively,  in  which  the  service  is  rendered. 

((/)  For  each  bail  bond,  fifty  cents. 
(/;)  For  summoning  appraisers,  fifty  cents  each. 

[j)  For  executing  a  deed  prepared  by  a  party  or  his  attorney,  one  dollar. 
ik)  For  drawing  and  executing  a  deed,  five  dollars. 

{I)  For  copies  of  writs  or  papers  furnished  at  the  request  of  any  party,  ten  cents  a 
folio. 


104  INSTRUCTIONS    TO    UNITED    STATKS    MARSHALS. 

{in)  For  every  proclamation  in  admiralty,  thirty  cents. 

in)  For  serving  an  attachment  in  rem  or  a  libel  in  admiralty,  two  dollars. 

(o)  For  the  necessary  expenses  of  keeping  boats,  vessels,  or  other  property  attached 
or  libeled  in  admiralty,  not  exceeding  two  dollars  and  fifty  cents  a  day. 

(p)  When  the  debt  or  claim  in  admiralty  is  settled  by  the  parties  without  a  sale  of 
the  property,  the  marshal  shall  be  entitled  to  a  commission  of  one  per  centum  on  the 
first  five  hundred  dollars  of  the  claim  or  decree,  and  one-half  of  one  per  centum  on 
the  excess  of  any  sum  thereof  over  five  hundred  dollars:  Provided,  That,  when  the 
value  of  the  property  is  less  than  the  claim,  such  commission  shall  be  allowed  only  on 
the  appraised  value  thereof. 

iq)  For  sale  of  vessels  or  other  property  under  proce.ss  in  admiralty,  ()r  under  the 
order  of  a  court  of  admiralty,  and  for  receiving  and  paying  over  the  money,  two  and 
one-half  per  centum  on  any  sum  under  five  hundred  dollars,  and  one  and  one-quarter 
per  centum  on  the  excess  of  any  sum  over  five  hundred  dollars. 

(;■)  For  expenses  while  emploj'ed  in  endeavoring  to  arrest,  under  process,  any  per- 
son charged  with  or  convicted  of  a  crime,  the  sum  actually  expended,  not  to  exceed 
two  dollars  a  day,  in  addition  to  his  compensation  for  service  and  travel. 

(s)  For  every  commitment  or  discharge  of  a  prisoner,  fifty  cents. 

(t)  For  transporting  criminals,  ten  cents  a  mile  for  himself  and  for  each  pris(jner 
and  necessary  guard;  except  in  the  case  provided  for  in  the  next  paragraph. 

(u)  For  transporting  criminals  convicted  of  a  crime  in  any  district  or  Territory- 
where  there  is  no  penitentiary  available  for  the  confinement  of  convicts  of  the  United. 
States,  to  a  prison  in  another  district  or  Territory  designated  by  the  Attorney  General 
the  reasonable  actual  expense  of  transportation  of  the  criminals,  the  marshal,  and 
the  guards,  and  the  necessary  subsistence  and  hire. 

(v)  For  attending  examinations  before  a  commissioner,  and  bringing  in,  guarding, 
and  returning  prisoners  charged  with  crime,  and  witnesses,  two  dollars  a  day;  and  for 
each  deputy  not  exceeding  two,  necessarily  attending,  two  dollars  a  day. 

(w)  For  travel,  in  going  only,  to  serve  any  process,  warrant,  attachment,  or  other 
writ,  including  writs  of  subpoena  in  civil  or  criminal  cases,  six  cents  a  mile,  to  be 
computed  from  the  place  where  the  process  is  returned  to  the  place  of  service,  or, 
when  more  than  one  person  is  served  therewith,  to  the  place  of  service  which  is  most 
remote,  adding  thereto  the  extra  travel  which  is  necessary  to  serve  it  on  the  others. 
But  when  more  than  two  writs  of  any  kind  required  to  be  served  in  behalf  of  the  same 
party  on  the  same  person  might  be  served  at  the  same  time,  the  marshal  shall  be  en- 
titled to  compensation  for  travel  on  only  two  of  such  writs;  and  to  save  unnecessary 
expense,  it  shall  be  the  duty  of  the  clerk  to  insert  the  names  of  as  many  witnesses  in 
a  cause  in  such  subpoena  as  convenience  in  serving  the  same  will  permit . 

(x)  In  all  cases  where  mileage  is  allowed  to  the  marshal  he  may  elect  to  receive  the 
same  or  his  actual  traveling  expenses,  to  be  proved  on  his  oath,  to  the  satisfaction  of 
the  court. 

Note. — In  Arizona,  Idaho,  Nevada,  New  Mexico,  .Xorih  l>ak(ila,  and  Wyoming  fee 
deputies  are  entitled  to  only  regular  single  fees,  allhiui^li  (l(iubl(>  I'cc.-^  are  coljccliblc 
from  individuals  and  corporations. 

FEES  OF  JURORS. 
GENERAL  INSTRUCTIONS. 

472.  Ill  c.jiscs  wh<n-e  the  United  Slates  is  a,  party,  it  is  the  duty  of 
the  marshal,  on  the  ordei-  of  th<>  court,  to  pa\-  the  jurors.  (See  sec. 
855,  11.  S.  U.  8.) 

473.  Notwithstandino;  tlie  provisions  of  section  S46,  H.  S.  V.  S.. 
tlie  ordinary  dili<jj<Mice  of  a  enn'fid  dishnrsini^  ofheer  shouhl  l)e  fully 


INSTHUCTIONft    TO    UNITED  STATES    MARSHALS.  105 

exercised  in  the  matter  of  the  pa3mieiit  of  jurors.  Orders  to  pay  should 
he  examined  closely  and  if  errors  are  discovered  efforts  should  V)e 
made  to  secure  correction  of  the  order,  tln'ough  the  district  attorney, 
before  payment. 

474.  Jurors  in  condemnation  proceedings  should  be  paid  the  usual 
fees  from  the  appropriation  "Fees  of  Jurors,  United  States  Courts," 
unless  by  the  practice  in  the  State  court  special  compensation  is  pro- 
vided, in  which  event  such  special  compensation  is  payable,  upon 
authorization,  from  the  appropriation  "Miscellaneous  Expenses, 
United  States  Courts."      (See  2  Comp.,  377.) 

PER  DIEMS. 

475.  Jurors  are  entitled  to  $3  for  each  day  in  actual  attendance 
and  for  the  time  necessarily  occupied  in  travel  to  attend  and  in  return- 
ing home.      (See  32  Stat.  L.,  386.) 

476.  Jurors  residing  at  the  place  where  they  attend  are  not  entitled 
to  per  diems  for  days  on  which  court  is  not  in  session  and  no  service 
is  rendered. 

477.  A  person  twice  impaneled  as  a  juror  on  the  same  day  is  enti- 
tled to  only  one  per  diem.     (See  11  Comp.,  335.) 

MILEAGE. 

478.  Jurors  are  entitled  to  five  cents  per  mile  for  the  distance  neces- 
sarily traveled  in  going  to  court  and  returning  home  by  the  shortest 
practicable  route,  excepting  as  follows: 

479.  In  Arizona,  California,  Colorado,  Idaho,  Montana,  Nevachi, 
New  Mexico,  Utah,  Washington,  and  Wyoming  they  are  entitled  to 
15  cents  for  each  mile  necessarily  traveled  over  any  stage  line  or  by  pri- 
vate conveyance,  and  five  cents  for  each  mile  over  any  railway,  pro- 
vided that  no  double  mileage  shall  be  allowed  by  reason  of  any  person 
being  summoned  both  as  a  witness  and  juror.  (See  sec.  852,  R.  S. 
U.  S.  and  35  Stat.  L.,  377.) 

480.  Mileage  is  payable  for  the  number  of  miles  necessarily  trav- 
eled going  to  attend  and  returning  home  at  five  cents  per  mile,  not  for 
going  or  returning  only  at  ten  cents  per  mile.  Mileage  should  be  veri- 
fied. For  this  purpose  authority  will  be  given,  upon  application,  for 
the  purchase  of  maps  from  the  Post  Office  Department. 

VOUCHERS,  ABSTRACTS,  AND  ANALYSES. 

481.  Form  1  should  be  used  foi  the  payment  of  jurors,  except 
wheji  they  are  allowed  15  cents  a  mile  for  travel  by  stage  or  private 
conveyance,  when  Form  29  should  be  used. 

482.  Iti  is  not  necessary  to  forward  with  the  vouchers  copies  of 
orders  to  pay  jurors,  the  certificate  of  the  clerk  being  evidence  that 
such  orders  were  entered. 


106  INSTKL'CTIONS    TO    UXITED    STATES    MARSHALS. 

483.  The  residence  of  each  juror  shoald  be  shown  hi  the  voucher 
by  statiiig  the  county  and  j)ost  office.  If  the  juror  does  not  reside  at 
a  post  ofhce.-  state  the  county  and  the  distance  and  direction  from 
the  nearest  post  office. 

484.  Signature  by  cross  mark  must  be  attested  by  some  person 
other  than  the  marshal  or  his  deputy. 

485.  The  vouchers  for  each  term  of  court  should  be  arranged 
alphabetically,  similar  to  names  in  a  diiectory,  and  placed  in  a 
separate  grou]>.  These  groups  should  be  brought  together  and  the 
entire  set  of  vouchers  for  the  whole  quarter  numbered  consecutively. 
They  should  be  fastened  together  at  the  upper  left-hand  corner. 

486.  Vouchers  for  each  term  of  court  should  be  abslracted  on 
Form  740.  Each  page  should  l)e  footed  and  the  total  carried  for- 
ward. Care  should  be  taken  to  have  the  certificate  of  the  clerk  on 
the  last  sheet  of  this  form.  The  gross  amount  of  each  completed 
abstract  on  Form  740  should  be  carried  to  Form  125,  and  the  total 
of  Form  125,  representing  the  disbureements  of  the  entire  quarter, 
should  l)e  can-ied  to  the  geneial  abstract. 

487.  An  analysis  of  disbursements  nuist  also  be  prepared  upon 
the  form  provided.  If  there  are  no  disbursements  the  anah'sis 
should,  nevertheless,  be  forwarded  witli  a  notation  thereon,  accord- 
higly.  Separate  analyses  should  be  made  for  supplemental  items 
only  when  such  items  pertain  to  dijferent  fiscal  years.  AU  columns  on 
the  form  should  be  ])ioperly  footed  and  the  totals  carried  forward 
throughout . 

FEES  OF  WITNESSES. 
GENERAL  INSTRUCTIONS. 

488.  Paragraph  473,  relati\^e  to  the  exercise  of  diligence  in  effecting 
the  accurate  payment  of  jurors,  notwithstanding  possible  erroneous 
orders,  is  a])plicable  also  to  witnesses. 

489.  Witnesses  ordinarily'  receive  per  diems  and  mileage,  but 
salaried  employees  of  the  Government  are  entitled  only  to  actual 
expenses.  In  certain  cases  such  employees  are  paid  by  the  marshal, 
an<l  in  others  by  their  own  departments.  There  are  special  provi- 
sions relative  to  seamen,  detained  witnesses,  and  others.  Details 
concerning  these  matters  follow  under  appr(>])riate  headings. 

PER  DIEMS  AND  MILEAGE. 

490.  Witnesses  (othei  ^han  convicts,  seamen,  and  salaried  em- 
ployees (►f  the  Government)  are  entitled  to  .11.50  for  each  day's 
atten{hinc(>,  ajid  5  ccjits  per  miU>  for  the  distance  necessarily  traveled 
hi  going  to  testify  and  reluming  liome  by  the  shortest  ])racticable 
route,  excepting  as  folhnr.s: 


IXSTRUCTIOXS    TO    UXFLED  STATES    MARSHALS.  107 

491.  In  Arizona,  California,  Colorado,  Idaho,  Montana,  Nevada,  New 
Mexico,  Oiegon,  Utah,  Washington,  and  Wyoming  witnesses  other 
than  those  attending  before  commissioners,  are  entitled  to  -|3  per  day, 
both  for  attendance  and  for  the  time  consumed  in  traveling  to  attend 
and  returning  home.  Also  15  cents  for  each  mile  necessarily  traveled 
over  any  stage  line,  or  by  private  conveyance,  and  5  cents  for  each 
mile  by  railway  or  steamship.  (See  sec.  848  R.  S.  U.  S.;  35  Stat.  L., 
377;  2  Comp.,  66.) 

492.  Constructive  or  double  mileage,  by  reason  of  having  been 
summoned  as  both  a  witness  and  juror,  or  as  a  witness  in  two  or 
more  cases  pending  in  the  same  court  and  triable  at  the  same  time, 
is  not  allowable.      (See  35  Stat.  L.,  377.) 

493.  When  a  witness  is  subpoenaed  in  more  than  one  cause  between 
the  same  parties,  at  the  same  court,  only  one  travel  fee  and  one  per 
diem  compensation  shall  be  allowed  for  attendance.  Both  shall  be 
taxed  in  the  case  fii'st  disposed  of,  after  which  the  per  diem  attendance 
fee  alone  shall  be  taxed  in  the  other  cases  in  the  order  in  which  they 
are  disposed  of.     (See  sec.  848,  R.  S.  U.  S.) 

494.  Witnesses  who  reside  at  the  place  where  they  attend  should 
not  be  paid  for  days  on  which  court  is  not  in  session,  and  no  service 
is  rendeied. 

495.  Officers  of  the  United  States  courts  should  not  be  paid  witness 
fees  in  a  matter  wherein  they  mav  be  officiating.  (See  sec.  849, 
R.  S.  U.  S.) 

496.  Paragraph  480,  relative  to  the  computation  and  verification 
of  mileage  for  juroi"s,  is  applicable  also  to  witnesses. 

497.  Officers  who  are  compensated  by  fees  are  entitled  to  the 
ordinary  per  diems  and  mileage  of  witnesses. 

ACTUAL  EXPENSE  WITNESSES. 

498.  Officers  and  employees  of  the  United  States  are  entitled  only 
to  actual  and  necessary  expenses,  stated  in  items  and  sworn  to, 
incuiTed  in  going,  returning,  and  attending  on  the  court  as  witnesses. 
(See  sec.  850,  R.  S.  U.  S.)  Charges  for  subsistence  are  fimited  to  a 
maximum  of  $5  per  day.  (See  38  Stat.,  318,  and  Comp.  to  Atty. 
Gen.,  Mar.  24,  1916.) 

499.  Such  actual  expenses,  however,  are  not  payable  by  the 
marshal  from  the  appropriation  "Fees  of  Witnesses"  if  it  was  the 
official  duty  of  the  officer,  employee,  or  agent  to  investigate  the  facts 
upon  which  the  proceedings  are  based  and  to  appear  in  his  official 
capacity  to  testify  as  to  the  facts  so  acquired,  unless  there  is  no 
appropriation  controlled  by  the  department  under  whom  the  officer 
or  employee  serves,  applicable  to  the  payment  of  his  expenses. 
(See  16  Comp.,  411.) 


108  INSTHTCTIOXS    TO    UNITED    STATES    MARSHALS. 

500.  The  above  rule  is  not  applicable  — 

(a)  To  the  attendance  of  employees  of  the  Secret  Sei-vice,  wlio  are 
payable  in  all  cases  by  the  marshal  from  the  appropriation  "  Fees  of 
Witnesses,  U.  S.  Courts."     (See  38  Stat.  L.,  836.) 

(b)  To  the  attendance  of  collectors  and  deputy  collectors  of 
internal  revenue,  surreyore,  clerks,  messengers,  and  janitors  in 
internal  revenue  offices,  who  are  also  payable  by  {ho  marshal  from 
the  appropriation  "Fees  of  Witnesses,  U.  S.  Courts,"  provided  they 
are  regularly  subpoenaed.     (See  38  Stat.  L.,  1017.) 

501.  Treasury  Department  Circular  1363  requires  (k'puiy  col- 
lectors to  serve  without  subpoena  up  to  tlie  time  the  defendants 
are  held  or  bound  over  for  trial.  If  the  services  of  a  deputy  collector 
are  required  as  a  witness  after  a  prima  facie  case  has  been  made,  he 
is  required  to  respond,  as  a  rule,  only  to  a  subpcena. 

502.  Items  in  accounts  of  actual  exp(Mises  of  employees  of  the 
Post  Office  Department  and  keepers  of  life-saving  stations,  serving  as 
^^^tnesses,  for  money  paid  to  substitutes,  should  not  be  paid  by 
marshals.      (See  30  Stat.  L.,  441  and  16  Comp.,  630.) 

503.  United  States  soldiers  attending  as  witnesses  should,  before 
payment  is  made,  be  required  to  produce  their  travel  order,  or  leave 
of  absence,  in  order  that  it  may  be  determined  whether  transporta- 
tion was  furnished  by  the  War  Department. 

504.  Employees  whose  salaries  are  payable  from  the  a|)propria- 
tion  for  the  suppression  of  the  liquor  traffic  among  the  Indians,  may 
be  paid  actual  expenses  for  services  as  witnesses,  under  section  850, 
R.  S.,  l^.  S.,  it  being  no  part  of  their  official  duty  to  aid  in  the  con- 
duct of  such  prosecutions.      (See  Dept.  Circular  104,  Oct.  I,  1914.) 

SPECIAL  PROVISIONS  AS  TO  SEAMEN  AND  OTHERS. 

505.  There  shall  be  paid  to  each  seaman  or  other  person  who  is  sent 
to  the  United  States  from  any  foreign  port,  station,  sea,  or  ocean,  by 
any  ITnited  States  minister,  charge  d'affaires,  ccmsul,  captain,  or  com- 
mander, to  give  testimony  in  any  criminal  case,  such  compensation, 
exclusive  of  subsistence  and  transportation,  as  the  court  may  adjudge 
to  be  proper,  not  exceeding  SI  for  each  day  necessarily  employed 
in  such  voyage,  and  in  arriving  at  the  place  of  examination  or 
trial.  In  fixing  such  compensation,  the  court  shall  take  into  con- 
sideration the  condition  of  said  seaman  or  witm^ss.  and  whether  his 
voyage  has  been  broken  up,  to  his  injury,  by  his  being  sent  to  the 
United  States.     (See  sec.  851,  R.  S.  U.  S.) 

506.  When  such  seaman  or  person  is  transported  in  an  armed  vessel 
of  the  UnitcMl  States,  no  charge  for  subsistence  or  transportation  shall 
b(^  allowed.  WluMi  he  is  transported  in  any  other  vessel,  the  compen- 
sation for  his  transportation  and  subsistence,  not  exceeding  in  any 
case  50  cents  a  day.  may  be  fixed  by  the  court,  and  sliall  be  paid  to 
the  captain  of  said  ncssc]  accordingly.      (See  s(>c.  S51   K.  S.  U.  S.) 


IXSTRUCTIOKS    TO    UNITED  STATES    MARSHALS.  109 

WITNESSES  BEFORE  COMMISSIONERS. 

507.  Instructions  pertaining  to  this  matter  will  \)o  found  in  ])ara- 
graphs  1005  to  102S,  instructions  to  commissioners. 

DETAINED  WITNESSES. 

508.  When  a  witness  is  detained  in  prison  for  want  of  security  for 
his  appearance,  he  is  entitled  in  addition  to  his  subsistence  to  a  com- 
pensation of  $1  per  day.     (See  Sec.  848,  R.  S.  U.  S.) 

509.  A  person  convicted  of  crime  brought  before  a  commissioner  to 
testify  as  a  witness,  is  not  entitled  to  mileage  or  fees.  (See  9  Comp., 
MS.  860.) 

510.  A  person  in  custody  awaiting  trial  for  an  alleged  offense, 
attending  before  a  commissioner  as  a  witness,  is  entitled  to  the  usual 
fees.     (See  6  Comp.,  588.) 

511.  The  compensation  of  SI  per  day  for  detained  witnesses  is  not 
applicable  to  aliens,  who,  after  having  been  ordered  deported,  are 
detained  as  prospective  witnesses.  Such  aliens  are  not  entitled  to 
any  stated  sum  of  money  for  each  day's  detention.  The  cost  of  their 
maintenance  and  necessary  expenses  incident  to  their  detention  are 
payable  by  the  Department  of  Labor.      (See  11  Comp.,  727.) 

512.  An  alien  properl}^  subpoenaed  and  later  released  on  bond  for 
his  appearance,  is  entitled  to  the  usual  per  diems  and  mileage  as  a 
witness.  During  his  release  on  bond,  however,  he  is  not  entitled  to  a 
per  diem  of  SI  as  a  detained  witness.  If  such  alien  is  committed  to 
prison  on  account  of  failure  to  give  the  necessary  recognizance,  ha  is 
entitled  to  a  compensation  of  $1  per  day  under  section  848,  R.  S.  U.  S., 
for  the  actual  time  detained.     (See  15  Comp.,  787.) 

513.  Alien  witnesses  transported  under  writs  of  habeas  corpus  ad 
testificandum  at  the  expense  of  the  United  States  are  entitled  only  to 
the  usual  per  diem  of  SI. 50  for  each  day's  attendance  in  court.  If 
they  are  discharged  from  custody  after  testifying  they  may  be  paid 
return  mileage.  The  Government  is  not  liable  to  pay  both  actual 
expenses  and  mileage  at  the  same  time.      (See  16  Comp.,  727.) 

VOUCHERS,  ABSTRACTS,  AND  ANALYSES. 

514.  The  following  forms  are  used  for  witness  vouchers: 
Form  685,  when  5  cents  per  mile  is  payable. 

Form  686,  when  15  cents  per  mile  for  overland  travel  is  payable. 
Form  685  or  686,  adapted  to  meet  the  special  requirement,  when 

payment  is  made  to  detained  witnesses. 
Form  2,  when  actual  expenses  are  payable. 

515.  Vouchers  for  actual  expenses  must  be  itemized,  supported  by 
affidavit,  and  accompanied  by  receipts  for  hotel  and  livery  bills,  stage 


110  IXSTHrCilOXS    T(i    rXllKl)    .STATKS    MAHSllAI.S. 

fare,  etc.     Departmontal  regulations  governing  actual  expenses  are 
not  applicable  to  actual  expenses  of  witnesses.     (See  18  Conip.,  992.) 

516.  Such  accounts  should  be  passed  upon  and  ordered  paid  bv  the 
court  and  abstracted  as  other  vouchers. 

517.  The  instructions  in  paragraphs  482  to  487,  relative  to  vouch- 
ering,  abstracting,  and  analyzing  vouchers  for  payment  to  jurors, 
are  applicable  also  to  witness  vouchers. 

518.  Witness  rolls  of  commissioners  should  be  arrangetl  chrono- 
logically for  each  commissioner,  fastened  together  at  the  upper  left- 
hand  corner,  and  abstracted  on  Form  125.  The  abstract  should 
show  the  number  and  amount  of  each  voucher  and  the  title  of  each 
case.  The  total  of  this  abstract  should  be  carried  to  the  regular 
abstract  of  pa3mients  to  court  witnesses. 

MISCELLANEOUS  MATTERS  CONCERNING  WITNESSES. 

519.  Witnesses  attending  in  United  States  cases  before  justices  of 
the  peace,  or  other  State  officers  authorized  to  hold  preliminarv  ex- 
aminations, or  before  examiners  of  the  Pension  Bureau,  are  payable 
(when  the  fees  are  properlv  taxed)  bv  marshals.      (See  22  Stat    L 
174.) 

520.  A  witness  who,  in  obedience  to  a  court  subpoena,  attends 
before  a  special  examiner  to  give  testimony  for  the  United  States  in 
a  case  then  ])ending,  is  entitled  to  the  same  fees  and  mileage  as  a 
court  witness,  payable  only  by  order  of  the  court  and  upon  certificate 
of  the  examiner.     (See  15  Comp.,  133.) 

521.  Witnesses  in  condemnation  proceedings  should  l)e  paid  the 
usual  fees  from  the  appropriation  "Fees  of  Witnesses,  V.  S.  Courts," 
uidess  by  the  practice  in  the  State  court  special  compensation  is 
provided,  in  which  event  such  special  compensaticm  is'payable  upon 
authorization  from  the  appropriation  "Miscellaneous  Expenses,  U.  S. 
Courts."     (See  2  Comp.,  377.) 

522.  The  Secretary  of  the  Treasury  is  authorized  to  enter  into  an 
agreement  to  compensate  a  witness,  whose  testimony  is  necessary  in 
the  prosecution  of  a  smuggler,  for  coming  within  the  jurisdiction  of 
the  court  and  to  reimburse  him  for  the  necessary  expeusi^s  incurred 
in  performing  the  service.     (See  4  Comp.,  495.) 

523.  The  appropriation  for  the  jn-evention  and  detection  of  fraud 
u])on  the  customs  service  is  applicable  to  the  exjXMise  of  procuring 
evidence  to  be  used  in  the  prosecution  of  a  smuggler.  (See  4  Coinj)., 
495.) 

524.  The  a|)|)r(»priati()ii  foj-  collecting  the  revenue  from  cusionis  is 
applicable  to  the  ])ayment  of  wiliu>sses  under  agreiMuents  to  come 
within  the  jurisdiction  of  tlie  courts  *  *  *  when  the  evidence  is 
necessary  in  proceedings  for  the  foifcitur(>  of  goods  seized  bv  customs 
officers.      (See  4  Comj).,  519.) 


IJSrSTKUCTIOXS    TO    UNITED  STATES    MARSHALS.  Ill 

525.  An  officer  of  the  Navy  is  entitled  only  to  actual  and  necessary 
expenses  for  attendance  as  a  witness  before  a  grand  jury,  in  response 
to  a  subpoena,  notwithstanding  he  may  have  been  ordered  by  his 
superior  officer  to  answer  said  subpoena.     (See  4  Comp.,  146.) 

ADVANCES  TO  WITNESSES. 

526.  If  it  should  l)ecome  ap])arent  that  any  important  witness 
regularly  subpoenaed  on  behalf  of  the  United  vStates,  and  ahsolutdy 
essential  to  the  proper  presentation  of  the  case,  is  unable  to  attend 
court  for  want  of  sufficient  funds  with  which  to  defray  expenses  of 
travel  and  subsistence,  the  district  attorney  may  himself  communi- 
cate (by  wire,  if  necessary)  with  the  marshal  for  the  district  in  which 
said  witness  resides,  requesting  the  marshal  to  locate  the  witness 
and  supply  sufficient  funds  to  enable  him  to  attend.  The  district 
attorney  should  also  notify  the  marshal  of  his  own  district  where  the 
witness  is  to  testify,  that  such  action  has  been  taken. 

527.  If  a  telegram  is  necessary,  it  should  be  in  substantially  the 
following  form : 

City,  State, 

Date. 
United  States  Marshal, 

CiUi,  State.  ■ 
John  Doe,  123  Rowe  Street,  Blank  City,  needed  here  as  witness.     Rocommend 
advance  to  him  under  paragraph  526,  Instructions. 

528.  Ipon  receipt  of  such  request,  the  marshal  may  exact  from 
the  witness  an  affidavit  setting  forth  that  he  is  under  subpoena  to 
attend  court,  and  without  money  to  pay  the  expenses  of  travel  and 
subsistence  incident  to  responding  to  said  subpoena. 

529.  Upon  receipt  of  such  affidavit  the  marshal  may,  if  willing 
to  do  so,  advance  by  official  check  only  sufficient  money  to  pay  approx- 
imately the  actual  cost  of  travel  and  subsistence,  in  going  only,  to 
attend  court,  taking  the  receipt  of  the  witness  therefor,  and  treat- 
ing such  receipt  as  cash  on  hand,  pending  reimbursement. 

530.  Immediately  upon  making  such  advance  the  marshal  must 
inform  (by  wire,  if  necessary)  the  marshal  of  the  district  in  which 
the  witness  is  to  attend,  requesting  reimbursement. 

531.  If  a  telegram  is  necessary,  it  should  })e  in  substantially  the 
following  form: 

City,  State. 

Date. 
United  States  Marshal, 

( 'itll.  State. 
Advanced  .John  Doe,   123  Rowe  Street,  Blank    (  ity,  subpoenaed  as  witness  your 
district    dollars.     Arrange  my  reimbursement. 

532.  Marshals  makhig  settlement  with  a  witness  who  lias  reecived 
an  advance  of  funds  should  draw  two  official  checks  in  favor  of  the 
witness,  one  for  the  exact  amount  of  the  money  advanced,  and  the 
other  for  the  balance  due  the  witness.     The  former  check  should  be 


112  IXSTRUCTIOXS    TO    UNITED    STATES    MARSHALS. 

submitted  to  the  witness  for  iiulorsement  and  then  transmitted  to 
the  marshal  who  made  the  advance.  The  hitter  check  shouhl  be 
dehvered  to  the  witness  hi  the  ordinary  maimer. 

533.  Advances  shoukl  not  be  made  to  witnesses  subpoenaed  to 
attend  before  commissioners  without  specific  authority. 

534.  Advances  to  witnesses  are  optional.  They  can  not  be  charged 
under  any  appropriation  but  must  be  carried  as  cash  on  hand. 

535.  District  attorneys  will  be  held  strictly  responsible  for  limiting 
their  recommendations  that  such  advances  be  made  to  those  cases 
only  in  which  the  witness  is  absolutely  essential. 

UNITED  STATES  PRISONERS. 

536.  For  instructions  concerning  transportation  of  prisoners,  see 
paragraphs  411  to  416;  guarding  and  feeding  prisoners,  paragraphs 
382  to  389;  delivery  of  prisoners  to  successor  in  ofRce,  paragraph  100. 

REPORTS  OF  THE  COMMITMENT  AND  RELEASE  OF  PRISONERS. 

537.  Marshals  should  supply  each  active  United  States  commis- 
sioner in  their  respective  districts  with  '"release"  cards  (Form  509) 
requesting  him  to  report  to  the  marshal's  office  thereon  each  discharge 
of  a  prisoner  appearing  before  him. 

538.  Jailers  in  whose  custody  United  States  prisoners  are  placed 
should  also  bo  supplied  with  ''release"  cards  (Form  510)  and  requested 
to  report  thereon  to  the  marshars  office  each  United  States  prisoner 
discharged  by  expiration  of  sentence. 

539.  Each  deputy  marshal  should  be  supplied  with  both  commit- 
ment and  release  cards  (Forms  450  and  451),  and  the  deputy  should 
report  at  once  on  such  cards  each  prisoner  committed  to  jail,  either 
temporarily,  or  to  serve  sentence,  and  each  release  of  a  prisoner 
whom  he  again  takes  into  custody. 

540.  These  cards  will  be  used  by  the  marshal  in  maintaining  the 
record  of  prisoners  committed  to  the  several  county  jails,  illustrated 
on  insert  following  page  75. 

541.  Marshals  will  also  report  to  the  Chief,  Division  of  Accounts, 
Department  of  Justice,  the  commitment  of  each  prisoner  to  a  State 
penitentiary,  or  other  like  penal  institution,  in  the  following  form : 

Institution 

Prisoner, 

District, ;  Sentenced, 

Committed, ;  Term, 

Expires — Full  time, ." 

"         With  commutation, 

Remarks: 


INSTRUCTIONS   TO   UNITED  STATES   MARSHALS.  113 

SUPPORT  OF  PRISONERS. 

542.  Prisoners  are  maintained  and  otherwise  cared  for  under  the 
appropriation  entitled  "Support  of  Prisoners,  United  States  Courts," 
which  provides  for  the  following  items: 

)  Necessary  clothing  and  medical  aid. 
(6)  Discharge  gratuities  provided  by  law. 

(c)  Transportation  to  place  of  conviction  or  place  of  bona  fide 
residence  in  the  United  States  or  such  other  place  within  the  United 
States  as  may  be  authorized  by  the  Attorney  General. 

(d)  Maintenance— board  and  lodging. 

(e)  Support  of  prisoners  becoming  insane  during  imprisonment. 
(/)  Cost  of  shipping  remains  of  deceased  prisoners  to  their  friends 

or  relatives  in  the  United  States. 

(g)  Interment  expenses  of  deceased  prisoners  whose  remains  are 
unclaimed. 

Qi)  Care  and  treatment  of  guards  employed  by  the  United  States 
who  may  be  injured  by  prisoners  while  said  guards  are  endeavoring 
to  prevent  escapes  or  suppress  mutiny. 

(i)  Expenses  incurred  in  identifying  and  pursuing  escaped  pris- 
oners and  for  rewards  for  their  recapture. 

(j)  Expenses  incident  to  repairs,  betterments,  and  improvements 
of  United  States  jails,  including  sidewalks. 

543.  Marshals  should  advise  officials  of  State  institutions  who 
may  make  inquiry  or  submit  claims  for  maintenance  of  Federal 
prisoners  as  follows: 

(a)  That  accounts  should  be  prepared  quarterly  by  the  officials 
of  the  institution  upon  Form  11  D.  C,  all  the  information  contem- 
plated by  the  form  being  supplied. 

(b)  That  such  accounts  should  be  transmitted  to  the  Department 
of  Justice  promptly  after  the  close  of  each  quarter  for  examination 
and  payment  by  the  disbursing  clerk  of  the  department,  or  by  set- 
tlement direct  from  the  Treasury. 

(c)  That  an  entirely  separate  account  should  be  prepared  covering 
the  support  of  prisoners  conmiitted  by  the  courts  of  the  District  of 
Columbia. 

544.  Bills  or  accounts  for  the  maintenance  of  prisoners  in  county 
jails  (as  distinguished  from  penitentiary  accounts)  and  for  the  sup- 
port of  detained  witnesses  are  payable  by  the  marshal  upon  the 
authorization  of  the  Attorney  General. 

545.  Any  such  accounts  wherein  per  diem  rates  are  charged 
different  from  those  formerly  paid,  should  be  transmitted  to  the 
department  for  instructions  before  payment.  Like  procedure 
should  be  observed  with  reference  to  all  bills  for  special  or  unusual 
items, 

895—16 8 


114  INSTKUCTIOKS   TO    UNITED   STATES   MARSHALS. 

546.  Marshals  will,  of  course,  be  guided  by  the  orders  of  the 
court  in  tlie  matter  of  the  confinement  of  detained  witnesses  in 
homes  or  institutions  other  than  jails,  promptly  reporting  such  cases 
to  the  department  for  instructions  as  to  payment. 

547.  AU  persons  convicted  as  United  States  prisoners  and  who 
are  sentenced  for  a  period  not  less  than  six  months,  are  entitled  to 
the  gratuities  of  cash,  clothing,  and  transportation,  upon  their 
discharge  from  the  United  States  penitentiary.  State  institution,  or 
county  jail.     (See  Comp.  to  Attorney  General,  Feb.  9,  1915.) 

548.  Where  a  person  is  taken  into  custody  and  delivered  to  a 
jailer  on  a  charge  pending  before  a  commissioner  or  other  judicial 
officer,  the  maintenance  is  chargeable  against  the  appropriation  for 
"Support  of  Prisoners,  U.  S.  Courts"  and  it  is  immaterial  by  whom 
or  in  what  manner  the  prisoner  was  delivered  to  the  jailer.  (See 
17  Comp.,  566.) 

549.  The  expense  of  keeping  a  prisoner  in  jail  when  the  depart- 
ment has  no  arrangement  with  the  jailer  for  his  maintenance,  is 
payable  from  "Salaries,  Fees,  and  Expenses  of  Marshals"  when  the 
jailer  refuses  to  keep  the  prisoner  unless  paid  at  once  by  the  marshal 
or  deputy.     (See  13  Comp.,  856.) 

CHINESE  PRISONERS. 

550.  Upon  receiving  writs  or  orders  of  deportation  for  Chinese 
prisoners  marshals  should  at  once  make  written  report  to  the  Com- 
missioner General  of  Immigration,  Department  of  Labor,  Washington, 
D.  C,  stating  the  names  of  prisoners,  where  confined,  and  when  the 
period  of  appeal  allowed  under  section  13  of  the  act  of  September  13, 
1888,  will  expire.  Instructions  will  then  be  issued  by  the  Depart- 
ment of  Labor  as  to  the  method  of  procedure  to  be  observed  in 
executing  the  writs,  and  to  whom  accounts  are  to  be  presented  or 
forwarded  for  settlement. 

551.  Accounts  which  include  charges  for  support  of  Chinese 
prisoners  should  show  the  manner  of  the  release  of  the  prisoner,  that 
is  "discharged"  or  "deported."  If  the  latter,  the  date  of  the  order 
of  deportation,  and  its  delivery  to  the  marshal  for  service  should  be 
shown. 

552.  The  cost  of  maintaining  Chinese  prisoners  is  payable  as 
follows : 

(a)  Expenses  incurred,  usually  by  Chinese  inspectors,  prior  to 
the  issuance  of  a  warrant  and  the  arrest  of  the  defendant  thereunder 
by  the  marshal  or  a  deputy;  from  the  appropriation  for  the  enforce- 
ment of  the  Chinese-exclusion  act,  through  the  Department  of  Labor. 
(See  7  Comp.,  372.) 

(h)  Expenses  incurred  after  the  issuance  of  a  war^nnl,  and  the 
arrest  of  the  defendant  by  the  imu-slial  or  deputy,  and   up  to  the 


INSTRUCTIONS    TO    UNITED  STATES    MARSHALS.  115 

time  the  prisoner  is  discharged,  or  an  order  for  his  deportation  is 
dehvered  to  the  marshal,  and  in  case  of  appeal  from  the  order,  up  to 
the  time  of  the  disposition  of  the  appeal;  payable  as  other  like 
expenses  of  other  classes  of  })risoners.  (See  11  Comp.,  265,  475 
and  777.) 

(c)  Expenses  incurred  after  the  order  of  deportation  has  been  de- 
livered to  the  marshal,  or  an  appeal  thereon  has  been  disposed  of; 
through  the  Department  of  Labor  and  not  from  any  judiciary 
appropriation. 

(d)  Expenses  of  a  deputy  in  the  detention  of  a  Chinese  prisoner, 
arrested  without  warrant  pending  the  issuance  of  a  warrant,  are 
payable  from  the  usual  judiciary  appropriations.     (See  8  Comp.,  470.) 

(e)  The  expenses  of  supporting  Chinese  persons  committed  by 
order  of  court  to  the  custody  of  the  marshal,  pending  proceedings 
under  a  writ  of  habeas  corpus  to  try  the  validity  of  their  detention 
by  customs  officers,  are  payable  from  the  appropriation  ''Support  of 
Prisoners,  U.  S.  Courts."     (See  7  Comp.  Dec,  437.) 

(/)  Expenses  incurred  in  an  endeavor  to  recapture  Chinese  prison- 
ers who  escaped  from  the  custody  of  a  deputy  marshal  while  being 
transported  to  the  seaboard  for  deportation  are  properly  payable  as 
incident  to  the  cost  of  transportation.     (See  5  Comp.,  487.) 

VOUCHERS,  ABSTRACTS,  AND  ANALYSES. 

553.  Every  effort  should  be  made  to  cause  jailers  to  render  bills 
promptly  at  the  close  of  each  quarter. 

554.  Each  voucher  should  be  in  duplicate;  the  names  thereon  ar- 
ranged in  alphabetical  order.  It  should  be  supported  by  the  affi- 
davit of  the  claimant;  carefully  verified  by  reference  to  the  register 
of  United  States  prisoners;  and  contain  specific  reference  to  the 
authority  for  payment. 

555.  The  following  forms  will  be  used  for   these  vouchers: 
(a)  Maintenance  of  prisoners  by  jailer.     Form  4. 

(h)  Physicians'  visits.     Form  3. 

(c)  Personal  services.     Form  74 G. 

(d)  Receipt  for  clothing  furnished  prisoner.     Form  329. 

(e)  Miscellaneous  purchases.     Form  324. 

556.  Vouchers  should  be  numbered  consecutively  and  abstracted 
on  Form  125. 

557.  A  special  abstract  of  disbursements  should  also  be  prepared 
on  Form  174  G-A,  covering  all  disbursements  under  the  appropria- 
tion "Support  of  Prisoners,  U.  S.  Courts." 

558.  The  analysis  of  disbursements  should  be  prepared  on  Form 
770.  This  form  should  be  submitted  each  quarter,  whether  there 
are  or  are  not  disbursements  under  the  appropriation  in  question. 
Separate  analyses  should  be  made  only  for  items  pertaining  to  differ- 
ent fiscal  years. 


116  INSTRUCTIONS   TO    UNITED   STATES   MAKSIIALS. 

"  PAY  OF  BAILIFFS,  ETC.,  U.  S.  COURTS." 
GENERAL  INSTRUCTIONS. 

559.  The   following    items  are   payable  from  this  appropriation: 

(a)  Per  diems  of  bailiffs  and  criers. 

(b)  Expenses  of  travel  and  maintenance  of  judges. 

(c)  Meals  and  lodging  for  jurors  in  United  States  cases,  and 
bailiffs  in  attendance  thereon,  when  ordered  by  the  court. 

(d)  Compensation  of  jury  commissioners. 

560.  All  youchers  should  l)e  prepared  as  herein  directed,  luim- 
bered  consecutiyely,  and  abstracted  on  Form  125.  Abstracts  should 
show  the  number  of  each  voucher,  the  name,  title,  and  amount  due 
for  each  payee.  They  should  be  prepared  m  triplicate.  Transmit 
two  copies  to  the  Department  with  the  original  account.  File  one 
with  the  duplicate  account. 

561.  An  analysis  of  disbursements  should  also  be  prepared  in  the 
manner  indicated  by  the  form  provided.  In  case  there  are  no  dis- 
bursements the  form  should  nevertheless  be  forwarded,  and  this 
fact  noted  thereon. 

562.  Separate  analyses  should  be  mad(^  oidy  for  items  pertaining 
to  different  fiscal  years. 

BAILIFFS  AND  CRIERS. 

563.  Bailiffs  are  appointed  by  the  marshal;  criers  by  the  court. 
They  receive  a  per  diem  compensation  of  $3.  They  are  entitled  to 
payment  when  they  attend  upon  the  order  of  the  court.  (See  33  Stat. 
L.,  1259,  and  36  Stat.  L.,  1088.) 

564.  Vouchers  should  be  prepared  on  Form  5.  The  first  certifi- 
cate should  be  signed  by  the  payee,  the  second  by  the  marshal. 

565.  The  appropriation  acts  provide  for  three  bailiffs  and  one 
crier  in  each  court,  except  in  the  southern  district  of  New  York  and 
the  northern  district  of  Illinois,  where  provision  is  made  for  five 
bailiffs  and  one  crier.  In  cases  where  urgent  necessity  requires  the 
employment  of  more  than  three  bailiffs,  special  taxation  must  be 
made  under  section  846,  K.  S.  U.  S.,  and  the  account  must  receive 
the  approval  of  the  President.     (See  paragraphs  351  to  354.) 

566.  If  two  judges  sit  in  the  same  place  ])ut  in  different  divisions 
of  the  court,  three  l)ailiffs-may  be  eniployed  in  each  division.  (See 
1  Comp.,  135.) 

567.  If  necessary,  one  set  of  three  bailiff's  may  be  employed  in  the 
circuit  courts  of  appeals  and  another  set  in  the  district  court  for  the 
same  day.     (See  4  Comp.,  141.) 

568.  If  salaried  deputies  are  required  by  the  terms  of  their  appoint- 
ment to  render  services  as  bailiffs,  they  should  be  considered  as  in 
lieu  of  baiUffs  allowed  by  law.     (See  4  Comp.,  226.) 


IXSTKUCTIONS    TO    UNITED  STATES    MARSHALS.  117 

569.  Payments  to  bailiffs  or  criers,  as  the  (;ase  may  be,  are  allowable 
in  the  following  instances: 

(a)  When  a  bailiff  attends  by  order  of  court  on  the  grand  or  petit 
jury,  even  though  court  is  not  in  session.     (See  4  Comp.,  113.) 

(h)  For  a  national  holiday,  when  the  court  temporarily  adjourns 
over  such  holiday  (applicable  to  both  bailiff's  and  criers).  (See  16 
Comp.,  581.) 

(c)  For  attendance  before  a  master  in  chancery,  provided  not 
more  than  two  other  bailiffs  are  paid  for  attendance  upon  the  same 
court  on  the  same  day.     (See  17  Comp.,  938.) 

570.  Payments  to  bailiffs  or  criers,  as  the  case  may  be,  are  not 
allowahle  in  the  following  instances : 

(a)  For  services  by  a  bailiff  to  a  judge  at  chambers  when  court  is 
not  in  session.     (See  Letter  of  Comp.  to  Auditor,  June  23,  1898.) 

(6)  For  substitutes  employed  by  bailiff's  or  criers. 

(c)  Wlien  the  service  is  rendered  by  a  salaried  deputy,  fee  deputy, 
or  United  States  commissioner.  (See  sees.  13  and  20,  act  of  May 
28,  1896.) 

571.  The  employment  of  a  bailiff'  does  not  necessarily  terminate 
upon  the  expiration  of  the  term  of  the  marshal  who  employed  him, 
(See  4  Comp.,  603.) 

572.  Payment  of  witness  fees  to  the  regular  bailiff'  for  the  same 
day  that  he  officiates  as  bailiff  is  prohibited.     (See  15  Comp.,  835.) 

EXPENSES  OF  JUDGES. 

573.  Circuit  justices,  circuit  and  district  judges,  and  judges  of  the 
district  court  of  the  United  States  in  Hawaii  are  entitled  to  necessary 
expenses  of  travol  and  reasonable  expenses  not  to  exceed  SIO  per 
day  actually  incurred  for  maintenance  consequent  upon  attending 
court  or  transacting  other  official  business  in  pursuance  of  law  at 
any  place  other  than  their  official  residence.  Such  expenses  are 
payable  by  the  marshal  of  the  district  in  which  said  court  is  held,  or 
official  business  transacted,  upon  the  written  certificate  of  the 
justice  or  judge.     (See  36  Stat.  L.,  1161.) 

574.  Form  33  should  be  used  for  vouchcring  such  expenses  when 
incident  to  holding  court;  Form  28  wlion  incident  to  the  transaction 
of  other  official  business. 

MEALS  AND  LODGING  FOR  JURORS. 

575.  The  cost  of  meals  and  lodging  for  jurors  and  for  bailiffs  in 
attendance  thereon  is  payable  by  the  marshal  only  when  ordered  by 
the  court  and  then  only  in  United  States  cases. 

576.  Form  8  should  be  used  for  vouchering  such  items.  The 
certificate  of  the  clerk  thereon  should  be  completely  executed  and 


118  IXSTRL'CTIONS   TO    UIsUTED   STATES   MARSHALS. 

signed.  If  meals  and  lodging  are  fui-nislied  for  bailiffs  in  charge  of 
the  jury,  the  certificate  should  show  that  the  court  ordered  the  mar- 
shal to  furnish  botli  jury  and  ])ailifFs  (giving  the  number)  with  said 
meals  and  lodgino;. 

JURY  COMMISSIONERS. 

577.  Jury  commissioners  arc  appointed  by  the  judge.  They 
receive  a  per  diem  compensation  of  S5  and  may  be  employed  I'ur 
not  exceeding  three  days  for  any  one  term  of  court. 

578.  A  jury  commissioner  ma}^  not  be  paid  for  services  at  an 
'"adjourned  term'"  if  he  has  received  payment  for  three  days'  serv- 
ice at  the  term  held  at  the  time  and  place  fixed  by  law.  (See  4 
Comp.,  63.) 

579.  Mileage  or  other  allowance  may  not  be  made  to  a  jury  com- 
missioner in  addition  to  the  per  diem  fee.     (See  4  Comp.,  352.) 

580.  Form  24  should  be  used  for  vouchering  these  payments. 
The  marshal  should  state  on  the  voucher  whether  any  preceding 
payment  has  been  made  to  the  cominissioner  for  services  at  the 
term  of  court  mentioned  therein.  The  affidavit  should  be  fully 
completed  and  executed  before  an  officer  authorized  to  administer 
oaths  generally. 

THE  APPROPRIATION  "  MISCELLANEOUS 
EXPENSES,  U.  S.  COURTS." 

GENERAL  INSTRUCTIONS. 

581.  This  appropriation  provides  for  such  miscellaneous  expenses 
for  the  United  States  courts  and  their  officers,  "as  may  he  authorized 
and  approved  hy  the  Attorney  General." 

582.  Marshals  should  have  specific  authority  before  making  any  pay- 
ment thereunder  excepting  the  cost  of  telegrams  and  long-distance 
telephone  calls  sent  by  judges  on  purely  judicial  business,  payment 
of  which,  in  accordance  with  the  instructions  under  this  heading 
(pars.  5  to  12),  is  hereby  authorized  generally.  (See  also  general 
authority  as  to  advertising  in  par.  590.) 

583.  Applications  for  authority  to  incur  expenses  should  be  pre- 
pared on  Form  25-B. 

VOUCHERS,  ABSTRACTS,  AND  ANALYSES. 

584.  Many  dillercnt  classes  of  expenses  are  payable  from  this 
nppropriation.  They  should  be  vouchered  on  the  regular  forms  in 
current  use.     All  the  information  contemplated  by  the  forms  sliouUl 


IXSTRUCTIOxXS    TO    UNITED  STATES    MARSHALS.  119 

be  supplied.     It  is  particularly  important  to   show  the   dates,  file 
numbers,  and  initials  on  letters  and  forms  authorizing  payment. 

585.  Vouchers  should  be  abstracted  on  Form  9,  and  the  analysis 
of  disbursements  carefully  prepared  on  the  special  form  provided. 

586.  When  it  becomes  necessary  to  use  more  than  one  sheet  of  the 
form  for  the  analysis,  the  horizontal  totals  of  the  first  sheet  should 
be  carried  forward  to  the  second  sheet,  and  so  on  to  the  conclusion. 
Fasten  sheets  together  only  at  the  upper  left-hand  corner. 

587.  Form  9  should  be  prepared  in  triplicate.  The  original  and 
triplicate  should  accompany  the  original  vouchers. 

ADVERTISING  AND  PUBLICATION  OF  NOTICES. 

588.  All  advertising  on  behalf  of  the  United  States  required  by  law 
may  be  paid  for  at  a  price  not  to  exceed  the  commercial  rates  charged 
to  private  individuals  with  the  usual  discounts;  such  rates  to  be  ascer- 
tained by  sworn  statements  furnished  by  the  publishers.  (See  20  Stat. 
L.,  216;  also  19  Comp.,  628;  Comptroller  to  marshal,  western  Okla- 
homa, Aug.  5,  1914;  and  Comptroller  in  re  appeal  of  marshal,  South 
Dakota,  Jan.  22,  1915.) 

589.  Marshals  should  not  pay  bills  for  advertising  unless  they  are 
satisfied  that  the  rates  are  in  accordance  with  law,  notwithstanding 
an  affidavit  may  be  made  as  above  provided.     (See  1  Comp.,  312.) 

590.  Bills  for  advertising  are  ordinarily  payable  from  the  appro- 
priation ''Miscellaneous  Expenses,  U.  S.  Courts."  Such  payments, 
at  rates  complying  with  the  requirements  of  law,  are  hereby  author- 
ized generally,  covering  all  advertising  executed  in  accordance  with 
orders  of  the  court,  excepting  in  cases  for  violations  of  navigation, 
customs,  pure-food,  and  insecticide  laws,  and  in  any  other  cases  in 
which  the  expense  for  advertising  may  be  payable  from  the  proceeds 
of  sale  of  seized  property.  In  such  cases,  and  in  aU  cases  involving 
advertising  or  publishing  of  notices  other  than  by  orders  of  the  court, 
specific  authority  should  be  obtained  from  the  Department  of  Justice 
before  any  expense  is  incurred. 

''  SALARIES  AND  EXPENSES  OF  DISTRICT 
ATTORNEYS,  U.  S.  COURTS." 

591.  For  instructions  concerning  items  payable  from  this  appro- 
priation, their  authorization  and  vouchering,  see  paragraphs  8(b), 
329,  and  659  to  677. 


120  INSTRUCTIONS    TO    UNITED    STATES    MAESHALS. 

ABSTRACTING  PAYMENTS. 

592.  All  vouchers  under  the  appropriation  "Salaries  and  Expenses 
of  District  Attorneys,  U.  S.  Courts"  should  be  abstracted  on  Form  125, 
prepared  in  triplicate,  the  original  and  triplicate  to  be  transmitted 
to  the  department.  The  items  should  be  arranged  and  totaled  in 
five  separate  groups,  as  follows: 

(a)  Salaries  of  district  attorneys. 
(6)  All  other  salaries. 

(c)  Expenses  of  travel  and  subsistence  of  the  district  attorney  and  each  of  his 
assistants. 

(d)  Expenses  of  travel  and  subsistence  of  clerks  to  district  attorneys. 

(e)  Miscellaneous  office  expenses. 

Note. — All  payments  made  to  a  given  person  should  be  listed  together,  as  far  a3 
practicable. 


CHAPTER  VI. 
MISCELLANEOUS  MATTERS. 

Page. 

Claims 121 

Assignment  of  claims 122 

Services  and  supplies  for  court  rooms  and  offices  in  Federal  buildings 122 

Transfer  of  Government  property  from  rented  to  Federal  buildings 122 

Leased  or  rented  buildings: 

Renting  or  leasing 123 

Supervision  of 123 

Repairs  or  alterations  of 124 

Services  and  equipment 124 

Bills  for  rent 124 

CLAIMS. 

593.  Judiciary  funds  for  a  given  fiscal  year  may  be  advanced 
(excepting  in  districts  detached  from  the  mainland  of  the  United 
States,  such  as  Hawaii,  and  excepting  for  the  piu-pose  of  liquidating 
overdrafts  or  correcting  errors),  only  until  September  30  of  the 
following  fiscal  year. 

594.  Claims  against  the  Government  remaining  unpaid  after  the 
close  of  the  period  during  which  advances  may  be  made  should  be 
transmitted  to  the  Department  of  Justice  for  settlement  direct  from 
the  Treasury. 

595.  It  is  exceedingly  important  that  such  claims  be  accompanied 
by  a  definite  explanation  of  the  reason  for  the  delay  in  settlement. 
It  must  be  shown  what  efforts  were  made  by  the  claimant  to  coUect 
the  mone}^  in  due  coui"se  of  business,  and  why  such  efforts  were 
unsuccessful. 

596.  They  should  be  supported  by  the  affidavit  of  the  marshal  to 
the  effect  that  it  has  been  found  upon  careful  examination  that  none 
of  the  items  have  been  paid.  They  should  also  be  approved  by  the 
marshal  if  he  is  of  the  opinion  that  they  are  properly  payable  by  the 
Government. 

597.  Claims  of  jurors  and  witnesses  must  be  accompanied  by  a 
certificate  of  attendance  by  the  clerk  of  the  court  or  commissioner  as 
the  case  may  be. 

598.  Claims  of  deputy  marshals  (other  than  for  salaries)  must  be 
approved  by  the  court.     (See  8  Comp.,  380.) 

121 


122  INSTRUCTIONS    TO    UNITED    STATES    MARSHALS. 

ASSIGNMENTS,    POWERS    OF   ATTORNEY,    TRANS- 
FERS, ETC. 

599.  Section  3477,  R.  S.  U.  S.: 

All  transfers  and  assignments  made  of  any  claim  upon  the  United  States,  or  of  any 
part  or  share  thereof,  or  interest  therein,  whether  absolute  or  conditional,  and  what- 
ever may  be  the  consideration  therefor,  and  all  powers  of  attorney,  orders,  or  other 
authorities  for  receiving  ])ayment  of  any  such  claim,  or  of  any  part  or  share  thereof, 
shall  be  absolutely  null  and  void,  unless  they  are  freely  made  and  executed  in  the 
presence  of  at  least  two  attesting  witnesses,  after  the  allowance  of  such  a  claim,  the 
ascertainment  of  the  amount  due,  and  the  issuing  of  a  warrant  for  the  payment  thereof. 
Such  transfers,  assignments,  and  powers  of  attorney  must  recite  the  warrant  for  pay- 
ment, and  must  be  acknowledged  by  the  person  making  them  before  an  officer  having 
authority  to  take  acknowledgments  of  deeds,  and  shall  be  certified  by  the  officer; 
and  it  must  appear  by  the  certificate  that  the  officer,  at  the  time  of  the  acknowledg- 
ment, read  and  fully  explained  the  transfer,  assignment,  or  warrant  of  attorney  to  the 
person  acknowledging  the  same. 

600.  The  \vord  ''claim,"  as  used  in  section  3477,  R.  S.  U.  S., 
which  provides  that  "all  transfers  and  assignments  made  of  any 
claim  upon  the  United  States  *  *  *  shall  be  absolutely  null  and 
void,"  unless  made  as  prescribed  therein,  comprehends  all  demands 
against  the  United  States  for  tlie  payment  of  money,  whether  liqui- 
dated or  unliquidated;  and  an  assignment  of  a  judgment  against  the 
United  States  made  before  "the  issuing  of  a  warrant  for  the  payment 
thereof"  is  within  tlie  meaning  of  the  statute,  and  void.  (See  4 
Comp.,  196.) 

SERVICES  AND  SUPPLIES  FOR  COURT  ROOMS  AND 
OFFICES  IN  FEDERAL  BUILDINGS. 

601.  In  such  buildings,  application  should  be  made  to  the  cus- 
todian for: 

(a)  Services  of  janitors  and  kindred  employees. 

(h)  Supplies,  other  than  books,  stationery,  soap,  and  towels. 

(c)  Repairs  to  furniture,  vaults,  etc. 

(d)  Metal  file  boxes.     (See  3  Comp.,  252.) 

602.  In  matters  of  services  and  supplies  other  than  as  above  stated, 
applications  in  accordance  with  instructions  which  will  be  found 
under  appropriate  headings  should  be  made  to  the  Department  of 
Justice. 

TRANSFER    OF    GOVERNMENT    PROPERTY    FROM 
RENTED  TO  FEDERAL  BUILDINGS. 

603."Witli  the  exception  of  court  records,  such  transfers  will  be 
made  under  the  direction  of  the  custodian  of  the  Federal  building, 
who  will  defray  all  incident  expenses.  The  marshal  should  prepare 
a  list  of  the  property  thus  transferred  and  a  separate  list  of  the  re- 
maining i)roperty  (if  any)  which  the  custodian  refuses  to  take  and 


INSTRUCTIOKS    TO    UNITED  STATES    MARSHALS.  123 

transmit  them  to  the  department.  If  tlie  articles  not  needed  in 
the  Federal  building  can  not  be  used  elsewhere,  instructions  wiU  be 
given  to  have  them  sold. 

604.  The  removal  of  court  records  will  be  made  under  the  direction 
and  supervision  of  the  marshal,  who  will  make  application  on  Form 
25B  for  authority  to  incur  the  expense,  submitting  two  or  more  com- 
petitive bids. 

LEASED  OR  RENTED  BUILDINGS. 

RENTING  OR  LEASING. 

605.  Before  incurring  any  expense,  excepting  in  extreme  emer- 
gency (which  must  be  promptly  reported) ,  for  rent  of  a  building  or 
improvements  thereon,  instructions  should  be  obtained  from  the 
Attorney  General.     (See  sec.  830,  R.  S.  U.  S.) 

606.  If  it  becomes  necessary  to  provide  accommodations  for 
courts  and  their  officers,  it  is  the  duty  of  the  marshal  to  request 
authority  from  the  department  to  ascertain  what  suitable  buildings 
can  be  procured  aiid  invite  written  proposals  for  leasing  them  to 
the  Government.  vSuch  applications  should  state  the  necessities  of 
the  situation,  the  duration  of  past  terms  of  court  (if  any),  and  the 
probable  duration  of  future  terms. 

607.  Such  proposals  should  be  transmitted  to  the  department 
with  diagrams  or  plats,  showing  the  dimensions  of  the  rooms  and  the 
purposes  for  which  each  wiU  be  used.  A  report  should  also  be  trans- 
mitted \\^th  the  diagrams,  setting  forth  the  views  of  the  judge  and 
district  attorney  and  containing  such  information  as  will  enable  the 
department  to  determine  the  relative  desirability  of  the  propositions 
submitted. 

608.  Unless  such  a  course  is  manifestly  impracticable,  propositions 
to  lease  must  be  for  furnished  accommodations;  heated,  lighted, 
and  equipped  with  janitor  service,  supplies,  and  water,  at  the  expense 
of  the  lessor. 

609.  Forms  for  the  preparation  of  leases  will  be  furnished  by  the 
department  when  the  execution  of  the  contracts  are  authorized. 

610.  Leases  must  be  executed  and  acknowledged  in  accordance 
with  the  laws  of  the  State  or  Territory  in  which  the  property  is  located. 
If  necessary,  the  marshal  should  confer  with  the  district  attorney  as 
to  this  matter. 

SUPERVISION. 

611.  The  marshal  of  each  district  is  hereby  designated  custodian 
of  all  buildings  or  rooms  within  the  district  rented  or  leased  for  the 
accommodation  of  the  United  States  courts  and  their  officers.  He 
is  charged  with  the  duty  of  seeing  that  the  lessors  observe  the  terms 
of  the  leases,  of  promptly  notifying  them  of  frozen  pipes,  leaking  gas, 


124  IXSTRUCTIOXS    TO    UNITED  STATES    MARSHALS. 

leaking  roof  or  other  defects,  and  of  withholding  payment  of  rent 
if  the  premises  are  not  maintained  in  sanitary,  tenantable  condition 
or  necessary  repairs  and  improvements  are  not  made  promptly  in 
accordance  with  the  contract. 

612.  If  emergency  should  arise,  demanding  immediate  action  in 
the  matter  of  repairs,  the  lessors  or  owners  should  be  called  upon  at 
once  to  reimburse  the  marshal,  covering  necessaryexpensesof  meeting 
such  emergency. 

613.  If  there  is  ditiiculty  in  etfecting  a  compliance  with  the  terms 
of  the  lease,  the  matter  should  be  promptly  reported  to  the  depart- 
ment. 

REPAIRS  OR  ALTERATIONS. 

614.  The  fitting  up  of  leased  or  rented  premises  for  court  purposes, 
so  far  as  fixtures,  alterations,  and  labor  incident  thereto  are  involved 
must  be  at  the  expense  of  the  lessors,  and  all  leases  should  so  provide. 

SERVICES  AND  EQUIPMENT. 

615.  Ordinarily,  services  and  equipment  will  be  furnished  b}'  the 
lessor,  under  the  terms  of  the  lease.  If,  however,  this  is  not  the  case, 
application  should  be  made  to  the  department  on  Form  25B,  explain- 
ing the  necessity  for  the  articles  or  the  services  and  definitely  describ- 
ing them. 

BILLS  FOR  RENT. 

616.  Such  bills  should  be  prepared  on  Form  761,  the  first  certificate 
to  be  signed  by  the  claimant  and  the  second  by  the  marshal. 
Vouchers  should  contain  a  reference  to  the  lease  or  other  authority 
for  the  expense.  Payment  should  be  made  by  the  marshal  from 
the  appropriation  entitled  "■Rent  of  Court  Rooms,  U.  S.  Courts." 


PART  THREE. 

INSTRUCTIONS  TO  UNITED  STATES  DISTRICT 
ATTORNEYS. 


CHAPTER  I. 

ADMINISTRATIVE  AND  FISCAL  MATTERS. 

District  attorneys:  Page. 

Appointment  and  induction  into  office 125 

Official  residence 126 

Term  of  office — Vacancies 126 

Compensation 126 

Regular  assistants  to  district  attorneys: 

Appointment  and  oath 127 

( official  residence 128 

Term  of  office 128 

Special  assistants  to  district  attorneys  and  to  the  Attorney  General 128 

Clerks  to  United  States  district  attorneys: 

Employment  and  oath 129 

Term  of  service — Vacancies 129 

Messengers  to  district  attorneys 130 

Approval  of  accounts 130 

Traveling  expenses  of  district  attorneys,  their  assistants,  and  clerks 130 

Office  expenses 132 

Special  expenses  of  conducting  particular  cases: 

General  instructions 132 

Stenographers  to  report  proceedings 133 

Interpreters 133 

Experts  and  other  special  employees 134 

Printing  records  and  briefs 135 

Expense  of  abstracts  of  title  (see  also  p.  143) 135 

Office  files  and  records 135 

Dockets 136 

Docket  reports 137 

Administrative  foresight  and  economy 138 

Witnesses,  advances  to  (see  p.  111). 

DISTRICT  ATTORNEYS. 

APPOINTMENT  AND  INDUCTION  INTO  OFFICE. 

617.  A  commission  and  blank  forms  for  the  execution  of  an  oath 
of  office  are  transmitted  by  the  appointment  clerk  of  the  Department 
of  Justice  to  each  person  appointed  to  be  United  States  district 
attorney,  together  with  a  letter  fixing  the  appointee's  official  residence. 

125 


126      INSTKUCTIONS   TO   UNITED   STATES   DISTRICT   ATTORNEYS. 

618.  The  appointee  should  ordinarily  confer  with  the  district 
judge  and  with  his  predecessor  in  office  and  agree  upon  some  satis- 
factory date  for  assuming  duties.  He  should  then  advise  the  depart- 
ment accordingly,  at  the  same  time  acknowledging  receipt  of  his 
commission. 

619.  It  is  preferable  that  the  oath  of  office  be  executed  in  open 
court  on  the  day  duties  are  assumed.  If  this  is  not  practicable,  it 
may  be  executed  before  any  officer  authorized  by  law  to  administer 
oaths. 

620.  If  the  oath  of  office  is  taken  in  open  court,  a  certified  copy 
should  be  at  once  transmitted  to  the  department.  If  taken  other- 
wise it  should  be  executed  in  duplicate,  the  original  filed  with  the 
clerk  of  the  district  court  and  the  duplicate  transmitted  to  the 
department. 

621.  The  form  of  oath  is  prescribed  by  section  1757,  R.  S.  U.  S. 

OFFICIAL  RESIDENCE. 

622.  The  law  authorizes  the  Attorney  General  to  fix  the  official 
residence  of  the  district  attorney  and  of  each  of  his  assistants.  (See 
sec.  8,  act  May  28,  1896.)  Such  residence  will  be  established  with 
particular  reference  to  convenience,  dispatch,  and  economy  in  the 
transaction  of  official  business. 

TERM  OF  OFFICE— VACANCIES. 

623.  District  attorneys  are  ordinarily  appointed  for  a  term  of 
four  years  and  until  their  successors  shall  be  appointed  and  quali- 
fied. (See  30  Stat.  L.,  487.)  Recess  appointments,  however,  are 
temporary  and  expire  upon  the  assuming  of  duties  by  the  new 
appointee  under  an  appointment  confirmed  by  the  United  States 
Senate,  or  by  their  own  terms,  upon  the  close  of  the  next  session  of 
the  Senate  following  their  issuance. 

624.  In  case  of  vacancies  in  the  office  of  district  attorney,  the 
district  court  of  the  district,  or  the  Supreme  Court  of  the  District  of 
Columbia,  may  appoint  persons  to  exercise  the  duties  of  such  offices 
until  the  vacancies  shah  bo  filled.     (See  30  Stat.  L.,  487.) 

COMPENSATION. 

625.  United  States  district  attorneys  receive  statutory  salaries" 
(See  29  Stat.  L.,  179,  and  35  Stat.  L.,  375.)  They  are  also  allowed, 
when  absent  from  official  headquarters  on  official  business,  actual 
necessar}'  expenses  for  lodging  and  su])sistence  not  exceeding  $4 
per  day,  and  actual  necessary  traveling  expenses.  The  demanding  or 
receiving,  directly  or  indirectly,  of  any  fees  or  compensation  other 
than  as  above  stated  is  penalized.  (See  35  Stat.  L.,  375;  as  to  south- 
ern New  York,  see  sundry  civil  act  of  Mar.  4,  1907.) 


IISrSTEUCTIOXS    TO    UNITED    STATES   DISTRICT  ATTORNEYS.       127 

626.  The  salaries  and  expenses  of  travel  and  subsistence  of  United 
States  district  attorneys  are  paid  monthly  by  the  marshals.  Detailed 
instructions  concerning  the  preparation  and  rendition  of  expense 
accounts  will  be  found  in  paragraphs  659  to  676. 

627.  No  money  shall  be  paid  from  the  Treasury,  as  salary,  to  any 
person  appointed  during  the  recess  of  the  Senate  to  fill  a  vacancy  in 
any  existing  office,  if  the  vacancy  existed  while  the  Senate  was  in 
session  and  was  by  law  required  to  be  filled  by  and  with  the  advice 
and  consent  of  the  Senate,  until  such  appointee  has  been  confirmed 
by  the  Senate.     (See  sec.  1761,  R.  S.  U.  S.) 

628.  When  any  officer  of  a  Territory  is  absent  therefrom,  and  from 
the  duties  of  his  office,  no  salary  shall  be  paid  him  during  the  year  in 
which  such  absence  occurs,  unless  good  cause  therefor  be  shown  to  the 
President,  who  shall  officially  certify  his  opinion  of  such  cause  to  the 
proper  accounting  officer  of  the  Treasury,  to  be  filed  in  his  office. 
(See  sec.  1884,  R.  S.  U.  S.) 

629.  Extra  compensation  can  not  be  allowed  a  district  attorney  for 
services  which  are  performed  in  the  course  of  his  official  employment. 

630.  The  act  of  March  2,  1889,  providing  that  all  legal  services 
connected  with  the  procurement  of  title  to  sites  for  public  buildings 
shall  be  rendered  by  district  attorneys,  not  only  requires  such  services 
to  be  performed  by  the  district  attorney,  but  prohibits  the  payment 
of  compensation  to  another  attorney  employed  for  the  purpose, 
(See  sec.  6904,  Compiled  Stats.  1913.) 

REGULAR  ASSISTANTS  TO   DISTRICT   ATTORNEYS. 
APPOINTMENT. 

631.  Regular  assistants  to  district  attorneys  are  appointed  by  the 
Attorney  General  upon  the  recommendation  of  the  district  attorney. 
They  receive  annual  salaries  fixed  by  the  Attorney  General  and  are 
paid  monthly  by  marshals.  Such  salaries,  excepting  where  the  law 
specifically  provides  otherwise,  may  not  exceed  $2,500  per  annum. 
(See  sees.  8  and  24,  act  May  28,  1896;  34  Stat.  L.,  1360:  35  Stat. 
L.,  375  and  841;  and  sec.  363,  R.  S.  U.  S.) 

632.  A  regular  assistant  is  appointed  to  assist  the  district  attorney 
in  performing  the  duties  of  his  office,  and  one  person  may  not  be  paid 
the  compensation  of  both  offices.     (See  1  Comp.,  184.) 

633.  Communications  from  district  attorneys  recommending  the 
appointment  of  regular  assistants  should  state: 

(a)  Full  name  and  address  of  proposed  appohitee. 

(Note. — Assistant    attorneys    must    be    residents    of    the  district   for 
which  they  are  appointed.) 

(b)  Place  and  date  of  birth. 

(c)  Proposed  rate  of  compensation. 

id)  Qualifications  of  the  applicant  recommended  for  the  position. 


128      IXSTRUCTIOXS   TO   UNITED   STATES   DISTRICT   ATTORNEYS. 

634.  In  all  cases  involving  the  creation  of  an  additional  position, 
as  distinguished  from  a  proposed  appointment  to  fill  a  position 
already  established,  a  certificate  signed  by  the  judge  and  district 
attorney  must  be  furnished,  setting  forth  the  facts  constituting  the 
necessity  for  the  appointment.      (See  sec.  8,  act  May  28,  1896.) 

OATH  OF  OFFICE. 

635.  Each  regular  assistant  must  take  the  oath  of  office  prescribed 
by  section  1757,  K.  S.  U.  S.  A  copy  of  this  oath,  showing  wlien  the 
ap])ointee  assumes  duties,  should  be  transmitted  to  the  Department 
of  Justice.  It  is  preferable  that  the  oath  be  taken  on  the  day  duties 
are  assumed. 

OFFICIAL  EESIDENCE. 

636.  The  Attorney  General  is  authorizetl  to  fix  the  official  residence 
of  regular  assistants  to  district  attorneys.  Such  residence  will  be 
fixed  with  particular  reference  to  convenience,  dispatch,  and  economy 
in  the  transaction  of  official  business. 

TERM  OF  OFFICE. 

637.  Regular  assistant  attorneys  remain  in  oftice  duiing  the  pleas- 
ure of  the  Attorney  General.  Resignations  should  be  promptly 
reported  to  the  department.  It  should  be  shown  therein  at  the  close 
of  what  day  the  resignation  is  to  become  effective. 

SPECIAL  ASSISTANTS  TO  DISTRICT  ATTORNEYS 
AND  SPECIAL  LEGAL  ASSISTANTS  TO  THE  AT- 
TORNEY GENERAL. 

638.  Sj)ecial  assistants  to  district  attorneys  and  to  the  Attorney 
General  to  aid  in  cases  of  unusual  magnitude  and  importance  maybe 
appointed  bv  the  xVttornev  General  wlum  necessarv  under  section  366, 
R.  S.  U.  S.  ■  ■ 

639.  A  special  assistant  may  not  be  appointed  to  perform  the 
•duties  of  a  regular  assistant.     (See  4  Comp.,  490.) 

640.  Special  assistants  must  take  the  oath  of  odice  i)rescribed  by 
section  1757,  R.  S.  U.  S.,  and  forward  the  same  at  oiu^e  to  the  De- 
partment of  Justice,  stating  therein  the  date  of  entrance  upon  duty. 

641.  The  compensation,  including  persojial  expenses  of  special 
assistants,  as  determined  })y  the  terms  of  their  appointment,  is  pay- 
able wholly  by  tiie  dis})ursing  cl<M-k  of  the  Do])artment  of  Justice 
under  departmental  rules  and  regulations,  copies  of  which  will  be 
furnislicd  upon  a))])lica(ioii. 


INSTRUCJ'IOX.S    TO    TNITED    STATES   DISTRICT  ATTORNEYS.       129 

CLERKS  TO  DISTRICT  ATTORNEYS. 

642.  District  attorneys  ma_y,  with  the  approval  of  the  Attorney 
General,  and  at  compensation  fixed  by  him,  employ  clerical  assistance. 
(See  sec.  15,  act  May  28,  1896;  34  Stat.  L.,  754;  36  Stat.  L.,  1426.) 

643.  The  civil-service  rules  except  from  examination  only  one 
clerk  to  each  district  attorney.  Other  clerks  or  messengers,  if  any, 
must  be  appomted  by  certification,  transfer,  or  as  otherwise  pro- 
vided by  the  civil-service  rules. 

644.  Certification  of  eligibles  wiU  be  made  by  the  local  secretary 
of  the  Civil  Service  Commission.  (See  pp.  26  to  29,  of  Form  131, 
issued  by  the  commission.) 

645.  Applications  for  authority  to  employ  clerks,  other  than 
those  to  be  selected  under  the  rules  and  regulations  of  the  Civil 
Service  Commission,  should  state : 

(a)  Full  name  and  address  of  proposed  employee. 

(b)  Place  and  date  of  birth. 

(c)  Present  occupation. 

id)  Proposed  rate  of  compensation. 

(e)  Qualifications  for  the  position,  and  especially  whether  a  stenographer  qualified 
to  take  testimony  in  court. 

646.  Applications  for  authority  to  employ  an  additional  clerk,  or 
to  employ  temporary  clerical  assistance,  as  distmguished  from  appli- 
cations for  authority  to  fill  a  position  abeady  established,  must  be 
accompanied  by  a  certificate  from  the  district  judge  setting  forth 
the  facts  constituting  the  necessity  therefor.  (vSee  sec.  15,  act  May 
28,  1896.) 

OATH  OF  OFFICE. 

647.  Clerks  to  district  attorneys  must  take  tlie  oath  of  office  pre- 
scribed by  section  1757,  R.  S.  U.  S.,  and  forward  the  same  at  once 
to  the  Department  of  Justice,  stating  therem  the  date  of  entry  upon 
duty.  * 

TERM  OF  SERVICE— VACANCIES. 

648.  Clerks  to  United  States  district  attorneys  remain  in  office 
durmg  the  pleasure  of  the  district  attorney,  unless  sooner  removed 
by  the  cancellation  of  the  approval  of  the  Attorney  General. 

649.  Their  term  of  office  expires,  however,  with  that  of  the  dis- 
trict attorney  by  whom  they  may  be  employed.  (See  4  Comp., 
601.)  There  is  a  special  provision  contamed  in  the  annual  appro- 
priation acts  under  which  such  clerks  may  be  paid  for  services  actually 
rendered  in  good  faith  during  vacancies  m  the  office  of  United  States 
district  attorneys. 

650.  Resignations,  suspensions,  and  dismissals  must  be  imme- 
diately reported  to  the  department.  It  must  be  shown  therem  at 
the  close  of  what  date  compensation  should  cease. 

895— IG 9 


180       INSTRUCTIONS    TO    UNITED    STATES    DISTRICT    ATTORNEYS. 

MESSENGERS    TO    UNITED    STATES    DISTRICT 
ATTORNEYS. 

G51.  If  ('.\c('j)ti()iijil  fircunistances  render  the  emj)lovuuMit  of  a 
messenger  in  the  district  attorney's  ofhce  essential  to  the  expeditious 
and  economical  transaction  of  official  business,  application  may  be 
made  for  the  necessary  authority. 

652.  Such  application  should  explain  definitely  and  clearly  the 
necessities  of  the  situation  and  give  information  similar  to  that 
required  in  applications  for  authority  to  employ  clerical  assistance. 

653.  As  stated  in  paragraph  643,  messengers  must  be  employed 
in  accordance  with  tlio  rules  and  regulations  of  tlie  Civil  Service 
Commission. 

654.  Such  items  are  to  be  treated  as  office  expenses,  which  must 
be  authorized  by  the  Attorney  General.     (See  par.  677.) 

APPROVAL  OF  ACCOUNTS. 

655.  Tiie  law  provides  for  the  approval  by  the  com"t  of  the  accounts 
of  clerks  and  marshals  in  the  presence  of  the  attorney  or  his  assistant, 
and  requires  the  accounts  of  commissioners  to  be  forwarded  to  the 
attorney,  to  be  by  him  submitted  for  approval  in  open  court. 

656.  Commissioners'  accounts  should  be  compared  with  the  records 
of  the  attorney's  office.  When  submitted  for  approval  the  court 
should  be  informed  of  any  charges  which  such  examination  shows  to 
be  erroneous,  also  any  charges  found  within  the  personal  knowledge 
of  the  attorney  or  his  assistants  to  be  illegal,  or  contrary  to  the  rules 
and  practice  in  his  district. 

657.  When  any  part  of  an  account  is  not  approved  by  the  court,  the 
item  or  items  not  approved  should  be  specified  by  the  district  attor- 
ney in  a  separate  statement  accompanying  the  account. 

658.  When  a  comlnissioner  claims  two  per  diems  in  one  case,  the 
account  must  show  why  the  hearing  could  not  be  completed  in  one 
day.  If  satisfactory  reason  is  not  shown  or  obtained  concerning  the 
cause  of  the  continuance,  objection  should  be  made  to  the  approval 
of  the  second  per  diem.     (See  sec.  21,  act  May  28,  1896.) 

TRAVELING   EXPENSES  OF   DISTRICT  ATTORNEYS, 
THEIR  ASSISTANTS  AND  CLERKS. 

659.  Expenses  of  lodging  and  subsistence,  not  exceeding  S4  per 
day,  and  traveling  expenses  of  district  attorneys  and  their  regidar 
assistants  while  necessarily  absent  from  their  olUcial  residences  on 
official  business  are  payable  from  the  appropriation  "Salaries  and 
Expenses  of  District  Attorneys,  U.  S.  Courts." 

660.  The  vouchers  for  such  expenses  should  bo  pre})ared  monthly 
on  Form  754;  supported  by  afiidavit  on  Form  755;  submitted  to 


INSTRUCTIOXS    TO    UNITED    STATES   DISTRICT   ATTOHXEVS.       131 

and  examined  b}'  the  district  judge;  and  when  approved  by  said 
judge,  handed  to  the  marshal  for  payment. 

661.  If  it  is  necessary  to  travel  outside  of  the  district  permission 
must  first  be  obtamed  from  the  Attorney  General  and  the  account 
must  show  the  date  of  the  letter  granting  such  permission.  In 
requesting  such  authority,  the  necessity  for  the  trip  should  be  fully 
explained. 

662.  Such  expenses  should  be  fully  itemized,  each  item  dated 
and  entered  in  chronological  order.  Each  voucher  should  also 
show  clearly  the  purpose  of  the  trip  or  trips  taken. 

663.  The  itemization  of  charges  should  be  so  arranged  that  the 
exact  amount  paid  for  any  one  day  may  be  readily  determined. 
The  items  of  expense  of  a  given  day  begin  with  breakfast  and  end 
with  lodging.     (See  7  Comp.,  338.) 

664.  The  maximum  charge  for  lodging  and  subsistence  should 
not  exceed  $4  for  any  day  during  the  trip.  If  expenses  amount  to 
less  than  $4  on  one  da}^  and  more  than  $4  on  the  succeeding  day,  they 
can  not  be  averaged  so  as  to  charge  S8  for  two  days.  (See  4  Comp.,, 
418.) 

665.  Receipts  should  be  obtained  for  lodging  and  subsistence 
(showing  the  first  and  last  meal  taken  and  the  day  or  days  of  lodging), 
also  for  hire  of  a  vehicle,  if  any. 

666.  Round- trip  tickets  should  be  used  whenever  practicable  and 
economical. 

667.  Charges  for  the  tise  of  vehicles  owned  by  district  attorneys  or 
their  assistants  are  not  allowable.  (See  20  Comp.,  666,  and  21  Comp., 
219.) 

668.  The  Government  is  not  chargeable  with  expenses  arising  on 
account  of  remaining  at  a  given  point  on  private  business,  or  for 
excess  cost  of  travel  other  than  by  the  shortest  usually  traveled  route. 

669.  Necessary  porterage  (when  not  prohibited  by  State  law)  on 
sleeping  cars  not  exceeding  25  cents  per  day  or  parlor  cars  not 
exceeding  15  cents  per  day  is  allowable. 

670.  Fees  to  waiters  (when  not  prohibited  by  State  law),  not 
exceeding  45  cents  per  day,  and  when  there  is  continuous  absence 
from  headquarters  for  6  days  or  more,  laundry,  at  not  exceeding  the 
rate  of  $6  per  month,  will  be  allowed  as  part  of  and  within  the  max- 
imum per  diem  for  subsistence.  Reasonable  fees  actually  paid  to 
expressmen  and  porters  who  handle  baggage  on  arrival  at  and  depar- 
ture from  hotels  and  stations,  will  be  allowed  as  expenses  of  travel, 
when  not  contrary  to  State  law. 

671.  Items  for  hire  of  a  vehicle  are  allowable  only  if  the  necessity 
therefor  is  clearly  shown. 

672.  If  joint  expenses  of  subsistence  are  incurred  by  an  employee 
and  his  wife  while  he  is  absent  on  official  business,  one-half  of  the 


132       IXSTRUCTIOXS    TO    rXITED    STATES    DISTKICT    ATTORNEYS. 

amount  thus  expended  is  allowable  if  within   tlic  fixed   maximum 
allowance.     (See  21  Comp.,  622.) 

673.  When  travel  is  begun  from  any  place  other  than  the  ofhcial 
headquarters  (the  officer  not  being  at  said  place  on  official  business) 
expenses  are  not  allowable  in  excess  of  what  it  would  have  cost  if 
travel  had  been  commenced  at  headquarters. 

674.  Passes  granting  free  transportation  within  State  limits 
should  not  bo  used  for  official  business. 

675.  Accounts  of  traveling  expenses  of  clerks  to  district  attorneys 
incurred  in  accordance  with  previous  authorization  from  the  Attorney 
General  are  governed  by  the  same  rules  and  regulations  and  are 
payable  by  the  marshal  from  the  same  appropriation  as  like  accounts 
for  traveling  expenses  of  regular  assistant-  attorneys,  excepting  that 
the  maximum  compensation  for  subsistence  is  usually  fixed  at  $3 
per  day.  Such  accounts  should  be  approved  by  the  district  attorney 
instead  of  by  the  judge.  They  should  be  prepared  on  Form  766. 
(See  3  Comp.,  253.) 

676.  Applications  for  authority  to  have  clerks  travel  to  attend 
terms  of  court  should  be  made  on  Form  25-B  in  the  usual  manner, 
hut  only  when  the  clerk's  presence  and  assistance  is  clearly  essential. 

OFFICE  EXPENSES. 

677.  Office  expenses  of  district  attorneys  are  provided  for  by 
section  14  of  the  act  of  May  28,  1896,  and  the  instructions  pertaining 
to  office  expenses  of  marshals,  found  in  paragraphs  346  to  348,  are 
applicable  to  like  expenses  of  district  attorneys ;  also  the  instructions 
pertaining  to  telegrams  and  long-distance  telephone  messages,  found 
in  paragraphs  5  to  12,  and  as  to  supplies  in  paragraphs  14  to  21. 

SPECIAL  EXPENSES  OF  CONDUCTING  PARTICULAR 
CASES  PAYABLE,  AFTER  FORMAL  AUTHORIZA- 
TION, FROM  THE  APPROPRIATION  *'  ^.IISCELLA- 
NEOUS  EXPENSES,  U.  S.  COURTS." 

GENERAL  INSTEUCTIONS. 

678.  Action  which  will  create  liability  or  result  in  the  [)rcsontation 
of  a  claim  covering  services  or  expenses  payable  as  above  stated  nmst 
be  taken  only  after  formal  authorization  has  been  received  from  the 
Attorney  General.  Application  for  authority  to  incur  such  expenses 
should  be  made  on  Form  25-B,  prepared  in  quint iplicate,  i.  e.,  one 
original  and  four  carbon  copies;  two  copies  will  be  returned  and  the 
others  retained  for  departmental  records. 

679.  The  estimated  total  cost,  proposed  rates  of  payment,  and 
full  definite  information  concernhig  the  character  of  and  the  neces- 
sity for  the  expense  should  be  shown  in  each  application. 


INSTRUCTIONS    TO    UNITED    STATES  DISTRICT  ATTORNEYS.       133 

680.  The  following  are  among-  the  items  payable  as  above  stated, 
special  instructions  concerning  each  of  which  will  be  found  under  its 
proper  heading: 

(a)  Stenographers  to  report  proceedings. 

(b)  Interpreters. 

(c)  Experts  and  other  special  employees. 
{(1)  Printing  records  and  briefs. 

(e)  Abstractors  of  title. 

STENOGRAPHERS  TO  REPORT  PROCEEDINGS. 

681.  District  attorneys  should  advertise  aimually,  during  the 
month  of  June,  for  proposals  from  competent  stenographers  to  take 
and  transcribe  testimony  in  all  cases  where  such  action  may  be 
authorized,  during  the  approaching  fiscal  year.  Such  proposals 
should  be  transmitted  to  the  department  with  suitable  recommen- 
dations for  authority  to  award  the  contract. 

682.  Notwithstanding  the  existence  of  an  annual  contract, 
authority  should  be  procured  for  having  the  testimony  taken  under 
such  contract  in  each  specific  case,  and  such  applications  should  be 
confined  closely  to  those  cases  of  special  importance  in  which  such 
action  is  necessary  to  protect  the  interests  of  the  Government. 

683.  Applications  on  Form  25-B  should  show: 

(a)  Title  and  character  of  case  and  the  exceptional  cu'cumstances 
which  render  stenographic  services  necessary. 

(b)  Proposed  per  diem  compensation  for  reporting  the  proceedings. 

(c)  Proposed  rate  of  payment  per  folio  for  making  transcript  if 
necessary  the  number  of  copies  required,  and  for  whom. 

(d)  Probable  duration  of  employment,  and  estimated  total 
expense. 

(<?)  A'STiether  the  district  attorney's  clerk  or  the  judge's  stenog- 
rapher is  able  to  take  and  transcribe  testimony,  and  if  so,  why  his 
services  can  not  be  utilized  to  report  the  case  in  question. 

VOUCHERS. 

684.  Accounts  of  stenographers  employed  to  take  testimony 
should  be  vouchered  on  Form  746,  when  without  expenses,  and  747 
when  with  expenses.  All  of  the  information  contemplated  by  the 
form  should  be  supplied.  The  dates  on  which  services  were  rendered 
and  the  number  of  folios  transcribed  (verified  by  the  office  of  the  dis- 
trict attorney  before  approval)  should  be  shown. 

INTERPRETERS. 

685.  Upon  the  approach  of  a  term  of  court  during  which  it  will 
be  necessary  to  employ  interpreters  the  district  attorney  should 
make  application  upon  Form  25-B  for  the  necessary  authority. 
Such  application  should  be  made  in  sufficient  time  to  permit  the 


134      IXSTKUCTIOXS   TO   UXITED   STATES   DISTRICT   ATTORNEYS. 

receipt  of  a  response  b}'  mail  in  the  ordinary  course  of  business  prior 
to  the  time  when  the  services  will  be  needed. 

686.  Applications  should  state  the  facts  constitutino;  the  neces- 
sity for  the  services,  the  proposed  rate  of  compensation,  and  the 
estimated  total  expense. 

687.  It  is  the  duty  of  the  district  attorney'  to  so  arrange  for  the 
trial  of  cases  in  which  the  services  of  interpreters  may  be  necessary 
that  the3rmay  be  disposed  of  consecutively  at  the  commencement  of 
the  term  of  court,  thus  obviating  unnecessary  expense. 

688.  Accounts  of  interpreters  should  be  vouchered  on  Form  583 
when  with  expenses  and  742  when  without  expenses.  The  marshal 
must  certify  thereon  that  no  payment  was  made  to  the  claimant 
from  the  appropriation  "Fees  of  Witnesses,  IT.  S.  Courts." 

EXPERTS  AND  OTHER  SPECIAL  EMPLOYEES. 

689.  It  is  the  duty  of  the  district  attorne\'  to  familiarize  himself, 
as  far  as  practicable,  by  inquiry,  and  if  necessary  by  advertisement, 
with  experts,  such  as  handA\Titing,  medical,  and*  others,  whose 
services  are  likely  to  be  neede^l  from  time  to  time  in  important  cases, 
and  if  possible  ascertain  what  rates  of  compensation  they  would  be 
walling  to  accept  if  needed,  in  order  to  avoid  being  dependent  upon 
a  single  individual,  and  subject  to  his  demands  as  to  compensation, 
at  a  time  when  the  Government  must  have  such  services. 

690.  Experts  on  behalf  of  the  United  States  in  prosecutions  for 
violations  of  the  pure-food  act  are  payable  by  the  Department  of 
Agriculture.  (See  Department  of  Justice  Circular  dated  June  14, 
1909.)  When  experts  are  needed  in  such  cases  chstrict  attorneys 
should  comnmnicate  with  the  Secretary  of  Agriculture.  If  inspectors 
are  needed,  they  should  communicate  with  the  ScJicitor  for  the 
Department  of  Agriculture,  instead  of  issuing  subpoenas  for  them. 

691.  Applications  should  be  submitted  on  Form  2o-B  sufficiently 
early  to  admit  of  the  receipt  of  a  response  by  mail  prior  to  the  time 
when  the  services  will  be  required.     They  should  state: 

(a)  The  title  of  the  case  and  the  character  of  the  ser^^ces  to  ])e 
rendered. 

(b)  The  facts  constituting  the  necessity  for  the  emplovment. 

(c)  Name  and  present  occupation  of  the  proposed  employee. 

(d)  Proposed  rate  of  compensation;  ])ro])al)le  duration  of  employ- 
ment; and  estimated  total  expense. 

692.  Experts  are  not  entitled  to  receive  and  must  not  be  paid 
witness  fees,  jnileage,  or  actual  expenses  from  the  appropriation 
■'Fees  of  Witnesses,  U.  S.  Courts.' 

VOUCHERS. 

693.  Accounts  of  i'\])erts  sliould  l)e  vouclu-icd  on  Form  No. 
671-08.     The    marshal    should    certify    upon    the    vouch(n-    that    no 


INSTRUCTIONS    TO    UNITED    STATES   DISTRICT  ATTORNEYS.       135 

payment  has  been  made    to  the  cbiimant  from  the  a])propriation 
"Fees  of  Witnesses,  U.  S.  Courts." 

694.  If  vouchers  contain  charges  for  Sunday  per  diems,  it  must  be 
shown  affirmatively  that  services  were  actually  and  necessarily 
rendered  on  such  days. 

695.  These  vouchers  should  be  prepared  in  duplicate,  and  all  of 
the  information  contemplated  by  the  forms  supplied.  If  expenses 
are  allowed,  subvouchers  should  be  furnished  as  far  as  practicable. 
Receipts  for  railroad  fare,  sleeping-car  fare,  or  single  meals  are  not 
required.     Tiie  purpose  of  each  trip  must  be  shown. 

PRINTING  RECORDS  AND  BRIEFS. 

696.  For  instructions  relative  to  the  piinting  of  records  and  briefs 
see  paragraphs  891  to  895,  in  instructions  to  clerks  of  United  States 
courts. 

696a.  As  all  cases  in  which  the  United  States  is  a  party  or  inter- 
ested, pending  in  the  Supreme  Court  of  the  United  States,  are  looked 
after  by  the  Department  itself,  the  printing  of  Iriefs  on  behalf  of  the 
Government  therein  at  the  request  of  United  States  attorneys  will 
not  be  granted. 

EXPENSE  OF  ABSTRACTS  OF  TITLE. 

(See  also  paragraph  727.) 

697.  If  an  abstract  of  title  is  needed  for  use  m  condemnation  pro- 
ceedings application  for  authority  to  procure  same,  accompanied  by 
two  or  more  competitive  bids,  should  be  transmitted  to  the  depart- 
ment, prepared  upon  Form  25-B. 

698.  If  the  land  is  needed  as  a  site  for  a  public  huilding  (other  than 
a  life-saving  station  or  a  pierhead  hght)  and  the  land  is  to  be  pur- 
chased, without  resorting  to  condemnation  proceedings,  the  grantor 
in  each  case  must  furnish,  free  of  all  expense  to  the  Government,  all 
requisite  abstracts,  official  certifications,  and  evidences  of  title  that 
the  Attorney  General  may  deem  necessary.  (See  act  of  Mar.  2, 
1889,  25  Stat.  L.,  941;  also  see  7  Comp.,  53.) 

699.  The  expense  of  jn-ocuring  an  abstract  of  title  to  land  to  be 
used  as  a  site  for  a  fortification  (as  distinguished  from  a  public  build- 
ing) is  a  proper  charge  against  the  appropriation  made  for  the  pur- 
chase of  the  site,  if  the  abstract  is  needed  by  the  United  States  at- 
torney to  assist  him  in  examining  the  title,  provided  the  land  is  to  be 
purchased  and  not  condemned.      (See  3  Comp.,  216.) 

OFFICE  FILES  AND  RECORDS. 

700.  AU  incoming  letters,  telegrams,  and  other  papers,  as  well  as 
copies  of  aU  outgoing  letters,  telegrams,  etc.,  pertaining  to  a  given 
case  or  proceeding  should  be  placed  together  in  an  orderly  manner 


136       INSTKUCTIOXS    TO    U^CITED    STATES   DISTRICT    ATTORNEYS. 

and  lilod  under  a  cover  or  label,  stating  definitely  th(>  title  and  nature 
of  the  action.  Tliese  groups  of  papers  should  be  arranged  according 
to  the  docket  numbers  of  the  respective  proceedings. 

701.  All  incoming  letters,  telegrams,  etc.,  and  carl)on  copies  of  all 
outgoing  letters,  etc.,  which  do  not  pertain  to  a  given  proceeding  and 
can  not,  therefore,  be  suitably  filed,  as  directed  in  tlie  foregoing  para- 
graph, should  be  carefully  classified  and  filed  alphabetically  by  sub- 
jects. The  copy  of  the  answer  to  each  letter  or  telegram  should  be 
placed  therewith. 

DOCKETS. 

702.  The  following  dockets,  which  must  be  kept  up  to  date,  are 
prescribed  for  use  by  district  attorne^^s.  They  arc  furnished  by  the 
department  upon  requisitions,  which  should  be  prepared  upon  Form 
17  A: 

(a)  Register  of  complaints. 
(6)   Grand  jury  docket. 

(c)  Criminal  docket. 

(d)  Civil  docket. 

(e)  Witness  docket. 

703.  There  should  be  entered  in  the  register  of  complaints  all 
formal  complaints  (other  than  those  which  are  manifestly  trifhng, 
frivolous,  or  which  clearly  do  not  involve  violations  of  United  States 
laws),  whether  oral  or  written  and  whether  prosecution  is  or  is  not 
instituted.     The  following  information  should  be  recorded: 

(a)  Name  of  person  submitting  complaint. 

(6)  Name  of  person  making  affidavit  for  warrant  of  arrest,  if  any 
is  to  be  issued. 

(c)  Date  of  said  affidavit.  * 

(d)  Nature  of  offense  charged  and  name  and  residence  of  defendant. 

(e)  Names  and  addresses  of  proposed  witnesses  as  far  as  known. 
(/)    Result  of  the  preliminary  hearing,  if  held,  of  the  accused. 

704.  There  should  be  recorded  in  the  grand  jury  docket  the  names 
of  defendants,  and  of  witnesses  for  the  Government,  and  any  other 
information  essential  to  the  proper  presentation  of  the  case.  The 
action  of  the  grand  jury  should  be  shown  in  each  matter.  Infor- 
mation should  be  recorded  in  this  docket  promptly  as  received  from 
day  to  day,  in  order  that  the  docket  may  be  ready  for  immecHate 
use  in  the  grand  jury  room. 

705.  There  should  be  recorded  in  the  criminal  docket  every  step 
taken  in  each  criminal  case  after  an  indictment  is  found  or  information 
filed,  until  its  final  determination. 

706.  There  sliouJd  l)e  I'ecorded  in  the  civil  docket  a  l)ri(>r  (>ntr}  of 
every  pleading  and  proceeding  in  each  civil  case  brought  on  behalf 
of  or  against  the  I'liited  .States;  from  the  issuance  of  the  pi'aecipe  to 
its  conclusion. 


INSTRUCTIONS   -TO    UNITED    STATES   DISTRICT   ATTORNEYS.       137 

707.  There  should  be  recorded  in  the  witness  docket  the  following 
data: 

(a)  Names  and  addresses  of  all  witnesses  sid)poBnaed  for  the  Gov- 
ernment in  both  civil  and  criminal  cases. 

(h)  Dates  when  witnesses  are  summoned  to  appear,  when  they 
attend,  and  w^hen  they  are  discharged. 

DOCKET  REPORTS. 

708.  A  report  on  Form  No.  90  of  each  and  every  case,  civil  or 
criminal,  in  which  the  district  attorney  enters  his  appearance  as  a 
representative  of  the  United  States  or  any  department,  bureau,  or 
office  thereof,  whether  handled  by  the  district  attorney  or  by  special 
counsel,  must  be  transmitted  to  the  Department  of  Justice  not  later 
than  the  close  of  business  on  the  day  following  its  institution.  Each 
such  report  must  show : 

(a)  The  court  docket  number. 

(h)  The  name  of  each  and  every  party. 

(c)  When,  where,  how  (by  indictment,  information,  or  otherwise), 
and  in  what  court  commenced. 

(d)  The  departmental  identification  number.  For  instance,  in 
cases  under  the  28-hour  law,  show  Department  of  Agriculture  num- 
ber; in  cases  under  the  safety-appliance  act,  show  Interstate  Com- 
merce Commission  number,  etc. 

(e)  In  civil  cases. — The  exact  nature  of  the  case  and  on  what 
account  money  or  other  claims  are  made.  In  suits  to  recover  land 
the  acreage  and  description,  as  well  as  the  purpose,  should  be  stated. 
This  nde  applies  also  to  other  classes  of  propertv. 

(/)  In  crindnal  cases. — The  specific  offense  charged;  statute 
violated;  and  sufficient  additional  information  to  show  the  classifi- 
cation of  the  case.  For  instance,  in  indictments  under  sections  35, 
37,  and  125  of  the  Penal  Code,  the  report  should  show  the  object  of 
submitting  the  false  claim,  to  whom  presented,  etc.;  give  the  crime 
in  connection  with  which  a  conspiracy  arises,  state  whether  to  defraud 
the  United  States,  and  the  object  of  the  conspiracy;  and  in  cases  of 
perjury,  show  the  offense  out  of  which  the  perjury  charge  grows. 

709.  A  report  on  Form  91,  which  is  a  continuation  sheet  of  Form 
90,  designed  to  show  all  material  docket  entries  made  subsequent  to 
the  institution  of  the  case,  must  be  made  at  the  close  of  each  calendar 
month,  and  also  within  five  days  after  the  business  of  the  United 
States  has  been  disposed  of  for  each  term  of  court.  Such  report 
should  show : 

Items  (a),  (b),  (c),  and  (d),  as  described  under  Form  No.  90. 
(e)  The  transfer  of  cases  to  another  division.     State  both  old  and 
new  docket  numbers. 


138       TXSTRUCTIOXS    TO    U>;iTED    STATES    DISTRICT   ATTORXEVS. 

(/)  All  material  docket  entries  in  the  case,  with  dates. 

(g)  The  conclusion  of  the  suit.  Show  the  exact  amount  of  mon(\y 
or  property  recovered;  the  amount  of  fine  or  penalt}^  imposed,  the 
costs  and  interest  as  separate  items,  and  in  cases  of  imprisonment, 
give  date  of  sentence  and  place  of  confinement. 

(70  In  cases  settled  out  of  court,  show  the  amount  of  land,  monoy, 
or  other  propert}^  recovered. 

ADMINISTRATIVE  FORESIGHT  AND  ECONOMY. 

710.  The  issuance  of  alias  and  pluries  writs  of  capias  when  there 
is  no  expectation  of  service,  and  writs  of  fieri  facias  or  executions 
when  there  is  no  expectation  that  anything  will  be  realized,  should  be 
avoided.  Sound  discretion  should  be  exercised  in  such  matters.  If 
the  clerk  of  the  court  issues  executions  in  United  States  cases  with- 
out being  first  requested  to  do  so,  the  matter  should  be  brought  to 
the  attention  of  the  court. 

711.  District  attorneys  should  endeavor  to  see  that  only  responsi- 
ble sureties  are  accepted  and  the  expense  of  forfeiting  worthless  bail 
bonds  and  recognizances  avoided. 

712.  Frivolous  and  unnecessary  prosecutions  should  not  be  ini- 
tiated. Any  disposition  by  commissioners  to  encourage  such  prose- 
cutions should  be  reported  to  the  court,  and  like  practice  by  deputy 
marshals  to  the  marshal  and  Attorney  General. 

713.  Only  necessary  witnesses  should  be  subpoenaed.  They  should 
be  discharged  as  promptly  as  practicable.  In  all  cases  where  any 
considerable  expense  is  involved  there  should  be  cooperation  in  this 
matter  with  the  Bureau  of  Investigation  of  the  department  and  pro- 
posed witnesses  interviewed  by  agents  of  this  bureau  to  determine 
whether  it  is  worth  while  to  have  them  subpoenaed.      ♦ 

714.  There  should  be  noted  in  the  witness  docket  tlie  dates  of  at- 
tendance and  discharge  of  witnesses,  and  a  memorandum  of  same 
furnished  to  the  clerk  of  the  court. 

715.  With  the  consent  of  the  judge,  a  definite  number  of  cases 
should  be  assigned  for  trial  each  day  during  the  time  allowed  for  the 
transaction  of  criminal  business.  Such  assignments  should  be  made 
with  particular  reference  to  the  attendance  of  witnesses,  that  they 
may  be  exarfiined  and  discharged  at  tlie  earliest  possible  opportunity. 

716.  Witnesses  who  are  to  appear  at  approximately  the  same  time 
in  two  or  more  cases  at  one  term  sliould  not  be  served  with  separate 
subpoenas  as  to  each  case.  This  matter  may  be  controlled  by  naming 
each  witness  only  once  in  the  praecipes  for  a  given  term. 

Note. — See  pnraf/raphs  526  to  5S5,  relative  to  advances  to  mlJiesscs. 


CHAPTER  II. 
LEGAL  MATTERS. 

Page. 

Duties 139 

Attention  to  private  business 141 

Dismissing  criminal  cases 142 

Pleas  of  nolo  contendere '. 142 

Suspended  sentences 142 

Indictment , 142 

Taxation  of  costs 143 

Impaction  of  sentence  and  hearing  of  natrj-alization  cases 143 

Abstracts  of  title  (see  also  page  135) 143 

Bail  in  criminal  cases 143 

Approval  of  pleadings 143 

Antitrust  cases 143 

Chinese-exclusion  cases 144 

Institution  and  defense  of  civil  suits  and  reports  relating  tl:ereto 144 

Suits  against  the  United  States 145 

Appeals  and  writs  of  error 145 

Applications  for  Executive  clemency 150 

DUTIES. 

717.  Section  362  R.  S.  U.  S.,  places  district  attorneys  under  the 
general  supervision  and  direction  of  the  Attorney  General. 

717a.  All  reports,  recommendations  or  requests  for  instructions, 
unless  otherwise  specifically  directed,  should  be  made  to  the  Attorney 
General. 

717b.  Control  of  Causes. — The  control  (extrajudicial)  of  the 
conduct  and  disposition  of  all  litigation,  both  civil  and  criminal,  in 
which  the  Government  of  the  United  States  is  interested,  either 
directly  or  indirectly,  is  at  all  times  in  the  Attorney  General  of  the 
United  States. 

718.  Section  771  R.  S.  prescribes  the  general  duties  of  district 
attorneys  in  both  civil  and  criminal  matters. 

719.  Among  the  specific  duties  required  by  various  statutes  are 
the  initiation  and  prosecution,  or  defense  of,  or  performance  of,  other 
legal  services  in  connection  with: 

(a)  Actions  brought  against  officers  of  either  House  of  Congress 
on  account  of  their  official  acts  (see  18  Stat.,  401);  taking  testimony 
with  relation  to  any  private  claim  pending  before  Congress  (see  20 
Stat.,  278); 

(h)  The  procurement  of  title  for  public  buildings,  other  than  life- 
saving  stations  and  pierhead  sites  (see  R.  S.,  sec.  335;  25  Stat.,  941) ; 

139 


140       IXSTEUCTIOXS   TO    UNITED  STATES   DISTRICT   ATTOKXEYS. 

suits  for  the  partition  of  land  in  which  the  Government  is  a  tenant 
in  common  or  joint  tenant  (see  30  Stat.,  416);  to  restrain  the 
unla\\-ful  inclosure  of  pubhc  land  (see  23  Stat.,  321); 

(c)  Suits  arising  out  of  laws  governing  national  banks  in  which 
the  United  States  or  any  of  its  officers  or  agents  are  parties  (see  R.  S., 
sec.  380) ; 

{d)  Suits  for  money  due  the  Post  Office  Department  (see  R.  S., 
sec.  381); 

(e)  Proceedings  for  the  recovery  of  fines,  penalties,  and  forfeitures 
for  the  violation  of  any  revenue  law  (see  R.  S.,  sec.  838;  18  Stat.,  189): 
If  upon  any  matter  submitted  to  you  by  a  collector  under  section 
838,  Revised  Statutes,  your  conclusions  shall  be  adverse  to  action, 
you  wiU  submit  the  facts  to  the  Secretary  of  the  Treasur}^  in  customs 
matters,  and  to  the  Commissioner  of  Internal  Revenue  in  internal- 
revenue  matters,  to  learn  through  direction  of  its  responsible  head 
the  position  of  that  department  or  bureau.  If  such  direction  shall 
be  to  proceed,  but  if  in  your  judgment  there  be  in  the  particular 
matter  either  a  legal  insufficiency  of  evidence  or  some  other  control- 
ling law  question  which  if  rightfully  applied  would  forbid  a  successful 
outcome  for  the  Government,  you  will  forthwith  forward  the  entire 
case,  facts  and  law,  and  all  correspondence,  together  with  your  own 
views  and  the  reasons  therefor  and  any  supporting  authorities  to  this 
department,  advising  the  Secretary  or  the  commissioner  of  your 
action.  Whereupon  this  department  will  finally  instruct  you  therein. 
If  there  be  no  such  controlling  questions,  you  will  proceed  in  accord- 
ance with  the  direction  of  the  Secretary  or  the  commissioner. 

(e^  Proceedings  for  the  condemnation  of  property  seized  and 
claimed  on  account  of  violations  of  customs  laws  and  regulations  (see 
R.  S.,  3706);  ■^ 

(/)  Libels  against  prize  property  and  in  prize  causes  (see  R.  S., 
sec.  4618,  4619); 

ig)  Suits  at  law  and  equit}"  in  which  Indians  on  reservations  or 
allotted  Indians  are  parties  (see  27  Stat.,  631);  to  enforce  or  prevent 
violations  of  law  upon  Indian  agencies  (see  17  Stat.,  463);  prosecu- 
tions of  persons  receiving  moneys  from  Indians  on  prohibited  con- 
tracts (see  16  Stat.,  570); 

(Ji)  Prosecutions  for  disobeying  subpoenas  issued  by  courts-mar- 
tial of  the  Army  and  Navy  (see  31  Stat.,  950;  35  Stat.,  622); 

H)  Proceedings  to  cancel  fraudulent  naturalization  certificates  (see 
24  Stat.,  601); 

{j)  Suits  for  tlie  recovery  of  penalties  for  violation  of  the  ahon 
labor  contract  laws  (see  34  Stat.,  900);  for  the  recovery  of  penalties 
under  the  acts  regulating  hours  of  service  of  employees  of  common 
carriers  (see  34  Stat.,  1416) ;  violations  of  the  insecticide  and  fungicide 


INSTEUCTIONS    TO    UNITED    STATES    DISTRICT    ATTORNEYS.        141 

act  (see  36  Stat.,  332) ;  violations  of  the  safety-appliance  and  boiler- 
inspection  acts  (see  27  Stat.,  532  ;  32  Stat.,  943 ;  35  Stat.,  476;  36  Stat., 
299,  916); 

(k)  Proceedings  for  tlio  enforcement  of  the  interstate  commerce 
acts  and  the  pmiishment  of  violations  thereof  (see  24  Stat.,  383;  25 
Stat.,  858;  26  Stat.,  743;  32  Stat.,  848;  34  Stat.,  590;  36  Stat.,  554); 

(J)  Inquiry  and  report  as  to  certain  violations  of  laws  enacted  for 
the  protection  of  persons  or  property  engaged  in  commerce  or  navi- 
gation (see  R.  S.,  4300); 

(m)  Prosecution  of  offenders  against  the  act  forbidding  the  ob- 
struction of  navigable  harbors  or  streams  (see  30  Stat.,  1153); 

(n)  Prosecutions  for  violations  of  the  cattle  quarantine  act  (see  23 
Stat.,  33);  violations  of  the  28-hour  cattle  transportation  act  (see 
34  Stat.,  608);  to  recover  penalties  for  the  violation  of  the  pure  food 
and  drug  law  (see  34  Stat.,  769); 

(o)  Proceedings  against  foreign  vessels  for  the  recovery  of  penal- 
ties for  violating  the  State  and  Federal  quarantine  laws  (see  27  Stat., 
449); 

(p)  Proceedings  to  restrain  and  punish  violations  of  the  antitrust 
acts  when  so  specifically  directed  by  the  Attorne}^  General  (see  26 
Stat.,  209;  28  Stat.,  570;  38  Stat.,  736); 

(q)  Cases  in  the  Circuit  Courts  of  Appeals  of  their  respective  cir- 
cuits wherever  sitting  (see  29  Stat.,  179); 

(/')  Statements,  reports,  and  returns  to  this  and  other  departments 
as  set  out  in  sections  362,  722-775,  E.  S.,  and  instructions  herein. 

ATTENTION  TO  PRIVATE  BUSINESS. 

(See  also  paragraph  1.) 

720.  While  it  is  not  intended  to  prohibit  the  acceptance  by  dis- 
trict attorneys  and  their  assistants  of  private  professional  engage- 
ments not  incompatible  with  their  public  duties,  these  ofhcials  must 
carefully  observe  the  following  instructions: 

(a)  As  far  as  possible  they  should  be  present  in  the  public  offices 
allotted  to  them  during  reasonable  office  hours  read}-  to  meet  the 
public  and  confer  about  and  transact  official  business; 

(b)  The  transaction  of  private  professional  business  in  public  offices 
is  manifestly  improper  and  will  not  be  allowed ; 

(c)  It  is  equally  as  improper  for  public  officials  to  seek  to  promote 
their  private  business  by  printing  their  official  titles  in  ncM^spaper 
advertisements  and  upon  private  letterheads  or  business  cards,  and 
the  practice  is  strictly  forbidden. 


142       IXSTRUCTIOXS    TO    UNITED    STATES    DISTRICT   ATTORNEYS. 

DISMISSING  CRIMINAL  CASES. 

721.  As  a  general  rule,  authority  should  be  obtained  from  this 
department  to  dismiss  a  crimmal  prosecution  or  any  count  in  an  indict- 
ment which  substantially  qualifies  the  nature  of  the  charge,  except 
in  petty  offenses  which  involve  no  matter  or  principle  of  consider- 
able public  interest  or  importance.  In  cases  of  exigency  where  it  is 
deemed  necessary  to  dismiss  a  prosecution  or  any  count  in  an  indict- 
ment, and  there  is  not  opportunity  to  obtain  authority  from  the  de- 
partment, proper  report  should  be  made  of  the  action  taken  and  the 
reasons  therefor.  No  case  of  any  character  instituted  at  the  direc- 
tion of  this  department  or  as  the  result  of  investigations  directed  by 
it  or  in  which  some  other  department  or  branch  of  the  Government 
is  specially  interested  should  be  dismissed  without  authorization 
from  this  department. 

PLEAS  OF  NOLO  CONTENDERE. 

722.  In  an}'  case  where  the  statute  upon  which  the  indictment  is 
'based  requires    imprisonment   as  the   sole   or  partial    punishment, 

consent  should  be  refused  to  the  plea  of  nolo  contendere  and  objection 
made  to  its  acceptance  by  the  court.  It  should  be  accepted  only  in 
cases  punishable  solely  or  in  the  alternative  by  fine.  (See  196  Fed., 
260,  and  235  U.  S..  412.^ 

SUSPENDED  SENTENCES. 

723.  In  the  opinion  of  the  department  no  Federal  court  has  power 
to  suspend  indefinitely  the  imposition  or  execution  of  sentence,  either 
directly  by  entry  of  an  order,  or  indirectly  by  continuing  the  case 
from  term  to  term  for  sentence,  or  otherwise.  Where  motions  for 
such  suspensions  arc  made,  proper  protest  should  be  made  by  district 
attorneys;  and  if  the  court  should  order  suspension,  or  unduly  delay 
imposition  of  sentence  or  order  for  its  execution  upon  proper  request 
made,  exception  should  be  taken  and  a  prompt  report  made  to  the 
department. 

INDICTMENT. 

724.  In  all  cases  of  moment  involving  any  novel,  diflicult,  or 
doubtful  question  of  criminal  pleading,  wlienever  possible,  draft  of 
the  proposed  indictment  should  be  submittexl  to  the  department 
seasonably  in  advance  of  presentation  to  the  grand  jury,  for  examina- 
tion and  suggestion,  together  with  a  brief  statement  of  facts  not 
appearing  upon  the  face  of  the  indictnlent,  or  probable  deficiencies 
in  the  proof.  With  proper  restrictions,  a  similar  course  should  be 
pursued  in  proceedings  upon  habcMis  corpus  and  in  ]")roceedings  in  the 
Cii-cuit  Court  of  A]>p(uils  on  error. 


I^'STRUCT^ONS    TO    UNITED    STATES    DISTRICT    ATTOEXEYS.        143 

TAXATION  OF  COSTS. 

725.  A  statement  of  the  taxable  costs  and  expenses  of  the  Govern- 
ment in  each  case,  induding  any  docket,  deposition,  or  other  fees 
of  the  district  attorney,  should  be  furnished  promptly  to  the  clerk 
of  the  court,  so  that  where  the  Government  prevails  such  fees  may 
be  taxed  as  costs  (see  sees.  823-827  R.  S.  U.  S.),  collected  by  the 
clerk,  and  covered  into  the  Treasury.  (See  Act  May  28,  1896.  sec.  6 ; 
29  Stat.,  179.) 

IMPOSITION  OF  SENTENCE  AND  HEARING  OF 
NATURALIZATION  CASES. 

726.  With  a  view  to  lessening  expenses  caused  by  the  loss  of  time 
by  jurymen,  so  far  as  possible,  arrangements  should  be  mavl-^  with  the 
court  to  impose  sentences  and  hear  naturalization  cases  at  times 
which  can  not  be  devoted  to  jury  trials. 

ABSTRACTS  OF  TITLE. 

(See  also  paragraphs  G97  to  699.) 

727.  Reports  on  abstracts  of  title  to  land  proposed  to  be  purchased 
by  the  Government  should  set  out  clearly  any  doubtful  question 
arising,  with  citation  of  the  pages  of  the  abstract  where  the  difficulty 
is  found,  together  with  an  opinion  as  to  the  proper  solution  under 
the  laws  of  the  State  in  which  the  land  is  situated.  All  incumbrances 
of  every  character,  including  easements,  mortgages,  tax  liens,  and 
covenants  running  with  the  land,  must  be  stated.  If  the  abstract  is 
deemed  to  disclose  a  perfect  title  that  fact  should  be  clearly  stated. 

BAIL  IN  CRIMINAL  CASES. 

728.  When  the  defendant  in  any  criminal  or  habeas  corpus  case 
shall  be  admitted  to  bail,  pending  a  decision  by  the  Supreme  Court, 
you  will  at  once  advise  the  department,  stating  when  the  bail  was 
given,  and  in  what  amount,  in  order  that  steps  may  be  taken  for  a 
prompt  hearing  of  the  case. 

APPROVAL  OF  PLEADINGS. 

729.  Duplicate  copies  should  be  sent  to  the  department  of  all 
bills  in  equity,  declarations,  and  other  pleadings  which  require  the 
approval  of  the  Attorney  General,  in  order  that  one  copy  may  be 
retained  for  the  department  files,  and,  if  afterwards  printed,  at  least 
two  copies  should  be  sent  to  the  department. 

ANTITRUST  CASES. 

730.  No  proceeding,  civil  or  criminal,  under  the  Federal  antitrust 
laws  should  be  instituted  without  first  obtaining  authority  from  the 
department. 


144         IXSTRUCTIONS    TO    UX'ITED    STATES    DISTRICT    ATTORNEYS. 

CHINESE-EXCLUSION  CASES. 

731.  Any  designation  of  a  cominiissioncr  under  section  1  of  the 
act  of  March  3,  1901  (see  31  Stat.,  1093),  should  be  reported  to 
the  Attorney  General  at  once. 

732.  When  an  order  of  discharge  is  entered,  establishing  tlie  law- 
fulness of  the  residence  of  a  Chinese  person  in  the  United  States  by  a 
court  or  commissioner,  the  clerk  or  commissioner  should  be  instructed, 
if  demand  is  made  for  additional  certified  copies  of  the  order,  to  mark 
upon  each  successive  copy  furnished  the  words  "first,"  "second," 
etc.,  and  also  the  words  "extra  copy  issued  on  account  of  loss  of 
original." 

INSTITUTION,  PROSECUTION,  SETTLEMENT  AND 
DEFENSE  OF  CIVIL  SUITS  AND  REPORTS  RE- 
LATING THERETO. 

733.  Prompt  report  should  be  made  to  the  Attorney  General  of  any 
infringement  of  the  property  or  other  interests  of  the  Government 
warranting  the  institution  of  civil  proceedings.  Unless  in  case  of 
exigency,  where  some  material  interests  of  the  Government  will  suf- 
fer by  delay,  no  civil  suit  should  be  instituted  or  defense  interposed 
until  reports  have  been  made  and  appropriate  instructions  given. 

734.  When  advice  or  information  is  desired  as  to  the  institution, 
conduct,  or  disposition  of  any  suit  by  or  against  the  United  States, 
request  therefor  should  be  transmitted  to  the  Attorney  General,  ac- 
companied by  a  clear  and  succinct  statement  of  facts,  the  points  of 
law  involved,  the  authorities  deemed  applicable,  and  the  opinion  of 
the  district  attorney. 

735.  After  judgment  is  perfected,  execution  shoul^  bo  placed  in 
the  hands  of  the  marshal  at  the  earliest  practicable  moment,  with 
instructions  for  prompt  and  dihgent  action  by  that  officer,  and  the 
district  attorney  should  see  to  it  that  such  action  is  taken,  reporting 
to  the  Attorney  General  any  delinquency  by  the  marshal. 

736.  Except  where  authorized  by  law,  district  attorneys  will  not 
receive  payment  of  any  demand  made  in  behalf  of  the  United  States. 
Unless  otherwise  provided  by  law  or  specific  instructions,  the  money 
should  be  paid  to  Iho  clerk  of  the  court. 

737.  The  Solicitor  of  the  Treasury  has  been  designated  by  the 
Attorney  General  to  superintend  the  collection  of  debts  due  to  the 
Post  Office  Department,  including  penalties  and  forfeitures  imposed. 
A  report  of  all  such  proceedings  should  be  made  to  the  solicitor. 

738.  Other  rejiorts  required  by  the  Solicitor  of  the  Treasury,  with 
the  approval  of  the  Attorney  General,  shall  be  made  upon  appropriat(^ 
forms  to  be  furnished  by  the  solicitor. 

739.  The  district  attorney  should  report  to  the  Attorney  G(Mu>ial 
any  property  belonging  to  tli(^  United  Static  which  is  not  reccuviug 


INSTRUCTIONS   TO   UNITED   STATES   DISTRICT   ATTORNEYS.       145 

proper  care,  any  claim  in  favor  of  the  Government  not  in  his  hands 
which  in  his  opinion  can  be  collected,  and  any  default  of  any  ofhcer 
or  employee  of  the  Government  or  other  person  engaged  in  the  col- 
lection of  any  debt  due  the  United  States  or  of  the  customs  revenue 
or  in  the  disbursement  of  Government  funds. 

740.  Wlierc  an  offer  is  made  to  settle  by  compromise  a  suit  brought 
by  the  Government  or  claim  transmitted  by  the  Attorney  General 
for  prosecution,  the  district  attorney  shall  transmit  to  the  Attorney 
General  the  said  offer,  a  full  statement  of  facts,  his  recommendation 
in  favor  of  or  against  the  acceptance  thereof,  and  reasons  therefor. 
The  procedure  provided  in  section  3469,  Revised  Statutes,  does  not 
apply  in  such  instances. 

SUITS  AGAINST    THE  UNITED  STATES. 

743.  If  suit  is  brought  against  the  United  States  in  the  United 
States  District  Court,  under  the  act  of  March  3,  1887  (see  24  Stat., 
506;  Judicial  Code,  sec.  24,  par.  20),  the  department  should  be 
promptly  advised  and  the  necessary  data  in  the  executive  depart- 
ments for  defense  will  be  furnished. 

744.  In  case  of  judgment  or  decree  adverse  to  the  Government, 
the  procedure  prescribed  in  section  7  of  the  act  (see  24  Stat.,  507) 
should  be  pursued. 

745.  Requests  for  findings  which  set  out  in  the  fullest  detail  all 
pertinent  facts  should  be  made.  In  case  of  refusal  by  the  court  to 
make  findings  upon  any  material,  question  of  fact  requested,  exception 
should  be  reserved. 

746.  The  record  upon  appeal  or  writ  of  error  from  decisions  under 
this  jurisdiction  should  not  contain  the  evidence. 

APPEALS  AND  WRITS  OF  ERROR. 

The  following  instructions  in  relation  to  Government  cases  which 
may  hereafter  be  taken  to  the  United  States  Circuit  Courts  of  Appeals 
or  to  the  Supreme  Court  of  the  United  States  by  appeal,  writ  of 
error,  or  otherwise,  should  be  strictly  followed: 

DISTRICT  COURT. 

APPROVAL  OF  PLEADINGS. 

747.  Duphcate  copies  should  be  sent  to  the  department  of  aU  bills 
in  equity,  declarations,  and  other  pleadings  which  require  the  ap- 
proval of  the  Attorney  General,  in  order  that  one  copy  may  be  re- 
tained for  the  department  files,  and,  if  afterwards  printed,  at  least 
two  copies  should  be  sent  to  the  department. 

895—16 10 


146       INSTRUCTIONS    TO    UNITED    STATES    DISTRICT   ATTORNEYS. 

REPORTING  DECISIONS,  SENDING  COPIES  OF  BRIEFS,  ETC. 

747a.  Achnse  the  department  promptly  of  the  decision  ])y  tlic 
District  Court  of  the  United  States  of  Government  cases  which  are  of 
sufficient  importance  to  be  taken,  by  cither  party,  to  the  Circuit 
Court  of  Appeals  or  to  the  Supreme  Court  for  review.  This  report 
is  entirely  distinct  from  that  required  for  the  Attorney  General's 
annual  report,  from  reports  under  the  act  of  March  3,  1887  (24  Stat., 
507),  and  from  those  required  to  be  made  to  anj-  other  officer.  It 
should  state  fully  tlie  questions  of  fact  and  law  involved  in  the  case 
and  the  decision,  the  recommendation  of  the  district  attorney,  the 
reasons  therefor,  and  be  accompanied  by  copies  of  the  court's  opinion 
and  the  briefs  or  lists  of  authorities  used  by  both  sides  at  the  trial. 

CIRCUIT  COURT  OF  APPEALS. 

APPEALS  BY  UNITED  STATES. 

748.  No  appeal  shall  be  taken  to  or  writ  of  error  sued  out  from  a 
Circuit  Court  of  Appeals  in  any  Government  case  without  the  express 
authorization  of  this  department.  If  requested  to  take  such  action 
by  an  officer  of  any  other  department,  send  a  copy  of  his  request  im- 
mediately to  the  department.  If,  however,  time  does  not  permit, 
take  the  action  requested  and  report  to  the  department  for  instruc- 
tions as  to  whether  the  appeal  shall  be  prosecuted. 

APPEALS  BY  OTHER  SIDE. 

748a.  When  Government  cases  are  taken  to  the  Circuit  Court  of 
Appeals  hj  the  other  side,  advise  the  department  thereof  at  once, 
stating  when  the  case  was  docketed  for  review,  its  mmibers  in  the 
Circuit  Court  of  Appeals  and  in  the  lower  court,  and  the  question  and 
amount  involved. 

FORWARDING  COPIES  OF  RECORDS,  BRIEFS,  ETC. 

748b.  Send  a  copy  of  the  record,  when  printed,  and  of  each  brief 
or  other  paper,  when  fled.  When  the  case  is  decided  send  promptly 
a  copy  of  the  opinion  of  the  court,  with  any  recommendation  or  sug- 
gestion you  may  desire  to  malce. 

RECORDS,  PRINTING  IN  CASES  TO  BE  TAKEN  TO   SUPREME   COURT. 

748c.  Where  the  record  is  voluminous  in  any  Governjnent  case, 
pending  in  a  District  Court,  or  in  a  Circuit  Court  of  A]>peals,  which  is 
to  be  taken  lo  the  Supreme  Court,  or  in  any  case  in  which  it  is  reason- 
ably certain  that  either  party  will  appeal  to  tlu^  Sui)r(>me  Court, 
arrangements  should  be  made  with  oi)posing  couns(>l  for  the  ])rinting 
of  at  least  tJtirty  extra  copies  thereof,  so  as  to  avoid  the  necessity  foi- 
reprinting  in  the  Supreme  Court;  the  cost  of  the  extra  copies  to  be 
paid  by  the  party  taking  the  appeal  to  the  Supreme  C(Mn-t. 


•  INSTEUCTIONS    TO    UNITED    STATES   DISTRICT    ATTORNEY'S.        147 
RECORDS,  PRINTING,  IN  SUPREME  COURT. 

748d,  In  no  case,  however,  in  which  an  appeal  is  taken  to  or  a 
writ  of  error  sued  out  from  the  Supreme  Court  to  a  District  Court,  or 
to  a  Circuit  Court  of  Appeals,  shall  district  attorneys  undertake  to 
have  the  transcript  of  the  record  printed.  Such  records  are  printed 
directly  under  the  supervision  of  the  clerk  of  the  Supreme  Court. 

BRIEFS,  PRINTING,  IN  SUPREME  COURT. 

748e.  See  section  696a  as  to  printing  briefs. 

RECORDS,  REDUCTION,   ON  APPEAL. 

748f.  Your  attention  is  directed  to  the  equity  rules,  promulgated 
by  the  Supreme  Court  on  November  4,  1912,  andf particularly  to 
rules  75,  76,  and  77,  in  relation  to  records  on  appeal. 

CASES  FROM  ALASKA,  HAWAU,  AND  PORTO  RICO. 

748g.  Cases  from  Alaska  and  Hawaii  are  reviewable  in  the  Circuit 
Court  of  Appeals  for  the  Ninth  Circuit,  under  sections  134,  and  128 
and  116,  respectively,  of  'the  Judicial  Code,  and  cases  from  the 
District  Court  for  Porto  Rico  are  reviewable  in  the  Circuit  Court  of 
Appeals  for  the  First  Circuit,  under  the  provisions  of  the  act  of 
January  25,  1915  (38  Stat.  L.,  803,  804).  Such  cases  should  be 
promptly  reported  to  the  department  so  that  instructions  for  review, 
if  any,  may  be  given.  Definite  instructions  to  the  district  attorney 
to  look  after  the  case  in  the  Circuit  Court  of  Appeals,  or  to  turn  it  over 
to  the  district  attorney  for  the  district  in  Vvdiich  the  court  is  sitting, 
will  be  given  in  each  case  by  the  department. 

SUPREME  COURT. 

CITATIONS,   ON  APPEAL  OR  WRIT  OF  ERROR. 

749.  Promptly  furnish  to  the  department  copies  of  citations 
served  upon  you  in  Government  cases  taken  to  the  Supreme  Court, 
sending  at  the  same  time,  unless  tJieretofore  transmitted,  copies  of  the 
record  in  the  Circuit  Court  of  Appeals,  briefs  on  hoth  sides,  etc.,  and  the 
opinion  of  the  court. 

APPEALS,  BY  UNITED  STATES. 

749a.  No  appeal  shall  be  taken  to  or  writ  of  error  sued  out  from  the 
Supreme  Court  in  any  Government  case  without  the  express  authoriza- 
tion of  this  department.  If  requested  to  take  such  action  by  an  officer 
of  any  other  department,  send  a  copy  of  his  request  immediately 
to  the  department.  If,  however,  time  does  not  permit,  take  the 
action  requested  and  report  to  the  department  for  instructions  as  to 
whether  the  appeal  shall  be  prosecuted. 


148       INSTRUCTIONS   TO   UNITED   STATES   DISTRICT  ATTORNEYS. 
FORWARDING  TRANSCRIPT  OF  RECORD. 

7-i9b.  Wlion  directed  to  take  an  appeal  or  sue  out  a  writ  of  error 
on  behalf  of  the  United  States,,  notify  the  department  of  the  date 
of  the  allowance  of  the  appeal  or  the  suing  out  of  the  writ  of  error, 
and  have  the  certified  transcript  of  the  record  sent  direct  to  the  depart- 
ment (not  to  the  clerk  of  the  Supreme  Court),  so  that  it  may  be  exam- 
ined before  filling.  The  Supreme  Court  assents  to  this  course  as  a 
sufficient  compliance  with  rule  8,  which  requires  the  dork  of  the  lower 
court  to  transmit  a  transcript  of  the  record. 

PETITIONS  FOR  CERTIORARI,  ETC. 

749c.  wShould  notice  be  served  upon  you  at  any  time  by  opposing 
counsel  in  any  Government  case  that  an  application  for  a  writ  of 
certiorari,  or  other  similar  petition  or  motion,  will  be  presented  to  the 
Supreme  Court  of  the  United  States,  you  should  positively  refuse 
to  accept  service  thereof,  stating  to  counsel  that  you  are  without 
authority  to  do  so;  that  notice,  including  the  date  of  the  proposed 
presentation,  together  with  copies  of  the  petition  or  motion,  and 
brief,  should  be  sent  to  the  Solicitor  General,  who  is  directly  in 
charge  of  Government  cases  in  the  Supreme  Court.  A  strict  com- 
pliance with  this  rule  is  necessary  to  the  proper  conduct  of  the  Govern- 
ment business  in  that  court.  A  copy  of  the  petition  or  motion, 
however,  if  lodged  with  you,  should  be  sent  at  once  to  the  depart- 
ment with  information  as  to  when  it  is  to  be  submitted  to  the  Supreme 
Court.  Copies  of  the  record,  briefs,  etc.,  and  opinion  of  the  Circuit 
Court  of  Appeals  should  be  transmitted  also,  unless  previously  sent. 

CASES  UNDER  CRIMINAL  APPEALS  ACT. 

750.  In  all  criminal  cases,  in  which  a  writ  of  error  will  fie  on  behalf 
of  the  United  States  direct  from  the  Supreme  Court  to  the  District 
Court,  as  provided  in  the  act  of  March  2,  1907  (34  Stat.  L.,  1246), 
district  attorneys  arc  requested  to  have  the  judge  file  a  written 
opinion  showing  that  the  decision  sustaining  a  demurrer  to,  quashing 
or  setting  aside,  the  indictment  (not  information),  is  based  upon  the 
invalidity  or  construction  of  the  statute  on  which  the  indictment  is 
founded.  If  only  the  construction  of  the  indictment  is  involved,  the 
case  is  not  reviewable.  This  fact  should  be  shown  in  order  to  give 
the  Supreme  Court  jurisdiction  under  the  act.  See  United  States 
V.  Carter,  231  U.  S.,  492,  and  United  States  v.  Nixon,  235  U.  S.,  231. 

750a.  As  the  time  within  which  writs  of  error  under  this  act  may 
be  sued  out  is  fixed  at  30  days  from  the  date  of  the  entry  of  the 
judgment  or  order,  reconmiendations  as  to  taking  sucli  cases  to  tlu> 
Supi('in(>  Court  should  be  made  as  ])romptly  as  possible. 


IN■STEUCT10^'S    TO    UXITED    STATES    DISTEICT    ATTORXEYS.        149 

750b.  The  rocomnit>ndation  should  be  accompanied  by  copies  of 
the  decision  of  the  court,  the  indictment,  the  demurrers  or  pleas 
interposed  by  the  defendant,  a  transcript  of  the  proceedings,  if 
available,  and  a  brief  i)f  the  authorities  cited  on  both  sides. 


751.  Wlien  the  defendant  in  any  criminal  case,  or  petitioner  in 
any  habeas  corpus  or  deportation  case,  shall  be  admitted  to  bail, 
pending  a  decision  by  the  Supreme  Court,  you  will  at  once  advise  the 
department,  stating  when  the  bail  was  given,  and  in  what  amount, 
in  order  that  steps  may  be  taken  for  a  prompt  hearing  of  the  case. 

RECORDS,  FORM,  ETC. 

752.  The  attention  of  district  attorneys  is  directed  to  rule  8  of  the 
Supreme  Court,  the  amendments  to  sections  2  and  9  of  rule  10,  pro- 
mulgated by  the  Supreme  Court  March  20,  1916,  and  Department 
Circular  No.  594  of  April  10,  1916,  in  relation  to  transcripts  of  record 
on  writ  of  error  and  appeal;  and  to  rule  31  in  relation  to  the  form 
of  printed  records. 

BILLS  or  EXCEPTIONS. 

753.  In  the  preparation  of  bills  of  exceptions  in  cases  to  be  taken 
to  the  Supreme  Court,  rule  4  of  that  court,  which  prohibits  the 
allowance  of  any  bill  of  exceptions  "which  shall  contain  the  charge 
of  the  court  at  large  to  the  jury  in  trials  at  common  law  upon  any 
general  exception  to  the  whole  of  such  charge,"  should  be  complied 
with. 

753a.  The  bill  should  contain  only  a  succinct  statement  of  so  much 
of  the  evidence,  or  such  a  statement  of  its  tendency  or  effect,  or  of 
the  facts  proved,  as  may  be  necessary  to  explain  the  Ijearing  of  the 
alleged  erroneous  rulings  and  show  the  application  of  the  portions 
of  the  charge  excepted  to.  (See  Lincoln  v.  Claflin,  7  Wall.,  132,  136; 
Hanna  v.  Mass.,  122  U.  S.  24;  Michigan  Insurance  Bank  v.  EMved, 
143  U.  S.,  298;  Lees  v.  United  States,  150  U.  S.,  476.) 

753b.  As  the  Supreme  Court  mil  not  review  the  action  of  the 
lower  court  in  refusing  to  grant  a  motion  for  a  new  trial  (Blitz  v. 
United  States,  153  U.  S.,  312,  and  cases  cited),  the  opinion  of  the 
court  on  such  a  motion  must  not  be  m.ade  a  part  of  the  record  (rule  8, 
section  2,  not  applying  to  such  opinions).  A  copy  of  such  opinion, 
however,  is  frequently  of  use  in  the  preparation  of  the  brief  of  the 
case  in  the  Supreme  Court,  and  should  be  sent  to  the  department 
with  your  report. 

753c.  You  are  directed  to  object  to  any  bill  of  exceptions  presented 
to  you  which  is  not  made  up  in  conformit}"  with  these  instructions. 


150       INSTRUCTIONS   TO   UNITED   STATES   DISTRICT  ATTORNEYS. 

7o3rl.  A  strict  ooinpliuncc  ^vitll  tlioso  ijistruotions  is  necessary  in 
order  to  save  the  expense  oi"  printuig  volinninous  records  and  the 
time  of  the  court  and  of  counsel. 

ASSIGNMENTS  OF  ERROR. 

754.  The  attention  of  district  attorneys  is  also  directed  to  rule  35 
of  the  rules  of  the  Supreme  Court,  in  relation  to  assignments  of  error. 

EXPEDITING  ACT,   CASES  UNDER. 

755.  In  cases  taken  to  the  Supreme  Court  under  section  2  of  the 
Expediting  Act,  approved  February  11,  1903  (32  Stat.  L.,  823),  as 
amended  June  25,  1910  (36  Stat.  L.,  854),  or  under  section  3  of  the 
ElJcins  Act,  approved  February  19,  1903  (32  Stat.  L.,  847),  reports 
to  the  department  called  for  supra  should  be  sent  as  promptly  as 
possible,  as  any  appeal  must  be  taken  within  sixty  days  from  the 
date  of  the  entry  of  the  decree. 

MANDATES. 

756.  Apphcations  should  not  be  made  by  district  attorneys  to 
the  clerk  of  the  Supreme  Court  for  mandates  in  Government  cases. 
Mandates  will  be  sent  to  them  at  the  proper  time  by  the  departn  (>nt. 

APPLICATIONS  FOR  EXECUTIVE  CLEMENCY. 

757.  Such  applications  (except  as  stated  in  the  next  paragraph) 
are  addressed  to  the  President  and  filed  in  the  Department  of  Justice. 
They  are  then  referred  by  the  department  to  the  district  attorney 
for  the  district  in  which  the  applicant  was  convicted  for  a  report  as 
to  the  facts,  his  own  recommendation  in  the  premises^  and  if  possible 
the  recommendations  of  the  trial  judge.  It  is  desirable  that  the 
recommendations  of  the  judge  be  over  his  owii  signature. 

758.  Applications  for  pardon  or  commutation  of  sentence  in  Army 
and  Navy  cases  are  not  considered  by  the  Department  of  Justice, 
and  should  be  sent  to  the  Secretary  of  War  and  the  Secretary  of  the 
Navy,  respectively.  After  such  cases  have  been  acted  upon  favor- 
ably by  the  heads  of  those  departments  and  by  the  President,  the 
formal  warrants  of  pardon  are  issued  through  the  Department  of 
Justice. 

759.  A  copy  of  the  "Rules  Relating  to  Ap])licatious  for  Pardon" 
should  be  in  the  office  of  every  district  attorney.  Such  co])ies  will 
be  furnished  on  request,  but  blank  forms  of  petitions  for  pardon  are 
not  provided. 


PART  FOUR. 
INSTRUCTIONS  TO  CLERKS  OF  UNITED  STATES  COURTS. 

[The  word  -clerk"  as  used  in  these  instructions  refers  to  the  clerks  of  1  he  district  court,  excepting  as 
otherwise  specifically  stated.] 

Appointment  and  qualificiUi'Mi 

•Deputies  and  assistants 

Reporting  civil  suits  and  protecting  property  interests  of  the  United  States. . . .       153 

Compensatiim 

Accounts 

Eitiokunent  returns 

Emolument  returns  of  clerks  of  circuit  courts  of  appeals 158 

Office  expenses '^ 

Expense  accounts  of  deputies - 

Bankruptcy  matters 

Poor  suitors ^^^ 

Fees ]ll 

Decisions  relative  to  fees 

Printing  briefs,  records,  court  calendars,  etc 169 

Recording  and  reporting  appointments,  etc.,  of  U.  S.  Commissioners 170 

Miscellaneous  matters 

171 

Seamen's  wage  cases 

Record  books  (other  than  those  supplied  by  the  departmont) 172 

Records  books  f  tirnished  tipon  requisition 172 

Official  funds 1^^ 

Reports  of  official  moneys 1^'* 

Issuance  of  applications  for  passports 186 

APPOINTMENT  AND  QUALIFICATION. 
APPOINTMENT. 

760.  Clerks  of  district  courts  are  appointed  by  the  respective  dis- 
trict judges.  (See  36  Stat.  L.,  1087.)  Clerks  of  circuit  courts  of 
appeals  are  appointed  by  the  court.     (See  36  Stat.  L.,  1132.) 

761.  The  law  provides  that  no  person  shall  be  appointed  or 
employed  in  any  office  or  duty  in  any  court,  who  is  related  by  affinity 
or  consanguinity  within  the  degree  of  first  cousin  to  the  judge  of 
such  court,  but  excepts  those  who  held  positions  or  employments 
in  circuit  courts  when  they  were  abolished,  in  the  matter  of  their  ap- 
pointment or  employment  in  the  district  court  succeeding  to  the  cir- 
cuit court's  jurisdiction.     (See  36  Stat.  L.,  1105,  and  37  Stat.  L.,  46.) 

OATH. 

762.  Each  clerk  of  the  district  court  or  circuit  court  of  appeals 
must  take  the  oaths  or  affirmations  of  office  prescribed  by  sections 
794  and  1757,  R.  S.  U.  S.,  certified  copies  of  which  should  be  trans- 
mitted to  the  Department  of  Justice, 

151 


152         [XSl  HrC'llOXS    TO    CLEHKS    OF    UNITED    STA'l'KS    COURTS. 

BONDS. 

763.  Clerks  of  district  courts  and  circuit  courts  of  appeals  are 
required  by  law  to  execute  official  bonds  in  an  amount  (not  less 
^than  $5,000  nor  more  than  $20,000)  to  be  determined  and  regu- 
lated by  the  Attorney  General.  Such  bonds  must  be  approved  in 
open  court  and  recorded.  The  original  bond,  accompanied  by  a 
certified  copy  of  the  order  of  approval,  must  be  transmitted  to  and 
remain  on  file  in  the  Department  of  Justice.  Certified  copies  shall 
be  competent  evidence  in  any  court.  Bonds  in  increased  amounts 
not  to  exceed  $40,000,  may  also  be  required.  (See  sees.  2  and  3,  act 
of  Feb.  22,  1875,  1st  Sup.  R.  S.  U.  S.,  p.  65.) 

764.  Blank  forms  for  clerks'  bonds  will  be  fuinisliod  by  the 
department  upon  applicntion  therefor. 

EXAMINATION  AND  RENEWAL  OF  BONDS. 

765.  Every  officer  required  by  law  to  take  and  approve  official 
bonds  should  cause  the  same  to  be  examined  at  least  once  every 
two  years  for  the  purpose  of  ascertaining  the  sufficiency  of  the 
sureties  thereon;  and  every  officer  havmg  power  to  fix  the  amount 
of  an  official  bond  should  examine  it  to  ascertain  the  sufficiency 
of  the  amount  thereof  and  approve  or  fix  said  amount  at  least  once 
in  two  years  and  as  much  oftener  as  he  may  deem  it  necessary.  (See 
28  Stat.  L.,  807.) 

766.  Ever}^  officer  whose  duty  it  is  to  take  and  approve  official 
bonds  should  cause  all  such  bonds  to  be  renewed  every  four  years 
after  their  dates,  but  he  may  require  such  bonds  to  be  renewed  or 
strengthened  oftener  if  he  deem  such  action  necessar3\ 

DEPUTY  CLERKS  AND  OFFICE  ASSISTANTS. 

767.  There  are  a  number  of  specific  provisions  of  law  requirmg 
deputy  clerks  to  be  stationed  at  given  points.  In  all  other  instances 
the  clerk  may,  with  the  approval  of  the  district  judge,  appoint  such 
number  of  deputy  clerks  to  reside  and  maintain  offices  at  such  points 
as  may  be  deemed  necessary-  by  the  judge.  Such  deputies  may  be 
removed  at  the  pleasure  of  the  clerk,  with  the  concurrence  of  the 
judge.     (See  36  Stat.  L.,  1087.) 

768.  The  compensation  of  deputy  clerks  is  subject  to  the  approval 
of  the  Attorney  General.  Clerks  should  include  the  names  of  their 
deputies  and  the  proposed  rates  of  compensation  in  the  annual  appli- 
cation for  authority  to  incur  office  expenses,  to  be  made  as  directed 
ill  i)aragraph  824. 

769.  Clerical  assistants  other  than  deputies  may  be  employed 
upon  authorization  by  the  Attorney  General  at  rates  of  compensa- 
tion fixed  by  him.  Annual  application  for  such  authority  should  be 
made  as  directed  in  paragraph  824. 


IXSTUrCTlONS    TO    CJ.KHKS    OF    UiNITED    STATES    COURTS.         153 

770.  In  case  of  the  death  of  the  clerk,  his  deputy  or  deputies  shall, 
unless  removed,  continue  in  ofRce  and  perform  the  duties  of  the 
clerk,  in  his  name,  until  a  clerk  is  appointed  and  qualified;  and  for 
the  default  or  misfeasance  in  ofTice  of  any  such  deputy,  whether  in 
the  lifetime  of  the  clerk  or  after  his  death,  the  clerk  and  his  estate 
and  the  sureties  on  his  oflicial  bond  shall  be  liable:  and  his  executor 
or  administrator  shall  have  such  remedy  for  any  such  default  or 
misfeasances  committed  after  his  death  as  the  clerk  would  be  entitled 
to  if  the  same  had  occurred  in  his  lifetime.     (See  36  Stat.  L.,  1087.) 

OATH  OF  OFFICE. 

771.  Deputy  clerks  must  take  the  oaths  or  affirmations  prescribed 
by  sections  794  and  1757,  R.  S.  U.  S.,  as  in  the  case  of  cl  rks. 

BOJfDS. 

772.  The  court  may  require  any  deputy  clerk  to  give  a  bond 
similar  to  the  bond  furnished  by  the  clerk.  Such  bond  should  be 
recorded,  and  the  original  transmitted  to  the  Department  of  Justice. 
The  legal  responsibility  of  the  clerk  for  the  acts  of  the  deputy  is  not 
affected  by  the  existence  of  the  deputy's  bond.  A  deputy,  giving  a 
bond,  should  be  bonded  to  the  United  States  and  not  to  the  clerk. 
(See  sec.  796,  R.  S.  U.  S.) 

REPORTING  CIVIL  SUITS  AND  PROTECTING  PROP- 
ERTY INTERESTS  OF  THE  GOVERNMENT. 

773.  The  following  regulations  are  prescribed  by  the  Solicitor  of  the 
Treasury  under  authority  of  sections  377,  379,  and  797,  R.  S.  U.  S.: 

774.  When  a  civil  suit  is  commenced  in  behalf  of  the  United  States, 
the  clerk,  in  all  cases  required  by  the  SoHcitor  of  the  Treasury,  with 
the  approval  of  the  Attorney  General,  will  promptly  report  the  fact 
to  the  Solicitor  of  the  Treasury,  stating  the  time  of  commencement, 
the  character  of  the  action,  the  amount  claimed,  and  the  parties 
thereto,  according  to  the  form  prescribed  for  that  purpose. 

775.  Within  30  days  after  the  adjournment  of  each  term  of  the 
court  the  clerk  will  forward  to  the  .Solicitor  of  the  Treasury  a  hst  of 
all  judgments  and  decrees  entered  therein  since  the  close  of  the  term 
next  preceding  the  one  so  adjourned,  showing  the  amount  adjudged 
or  decreed  for  or  against  the  United  States,  specifying  the  amount  of 
debt  or  damages  and  costs;  showing  also  in  each  case  whether 
execution  has  been  issued,  the  time  when  issued,  and  whether  it  has 
been  returned;  and  if  returned,  setting  forth  the  time  when  the 
return  was  made  and  the  substance  thereof.  Blank  forms  for  such 
returns  mil  be  furnished  by  the  office  of  the  solicitor. 

776.  Clerks  will  report  respecting  all  post-office  cases,  as  required 
of  United  States  attorneys  by  paragraph  738  of  these  instructions. 


154  IX.STliUCTlOXS    TO    CLKKKS    OF    UNITED    STATES    COUKTS, 

777.  Internal-revenue  cases  are  not  to  be  reported  to  the  Solicitor 
of  the  Treasury,  but  action  on  forfeited  recognizances  in  such  cases 
shoidd  be  so  reported. 

778.  Clerks  will  report  to  the  Solicitor  of  the  Treasury  the  exist- 
ence and  situation  of  any  property  belonging  to  the  United  States 
which  is  not  in  the  care  of  any  officer  or  agent  of  the  Government,  to 
the  end  that  it  may  be  protected  and  preserved.  If  they  shall  dis- 
cover that  any  claim  in  favor  of  the  Government,  apparently  neglected, 
can  be  collected,  they  wiU  report  to  the  Attorney  General  and  recom- 
mend the  best  mode  of  proceeding.  They  mU  also  report  imme- 
diately to  the  Attorney  General  any  defaidt  of  anj^  officer  or  person 
engaged  in  the  collection  of  any  debt  due  the  United  States  or  of  the 
customs  revenue  or  in  the  disbursement  of  any  money  belonging  to 
the  Government. 

CLERKS'  COMPENSATION. 

779.  Clerks  are  compensated  out  of  fees  earned  from  the  United  States 
and  from  individuals  and  corporations. — -Excepting  m  a  few  States 
where  special  provisions  appl}^,  the  maximum  compensation  is  at  the 
rate  of  $3,500  per  annum.  Earnings  are  appUcable,  first,  to  the  i)ay- 
ment  of  authorized  office  expenses,  including  clerk  hire.  The 
residue  may  be  retained  by  the  clerk  as  personal  compensation  withhi 
the  prescribed  maximum,  any  excess  to  be  paid  into  the  Treasury  or 
deposited  to  the  credit  of  the  Treasurer  bf  the  United  States.     (See 

ec.  839,  R.  S.  U.  S.) 

780.  Additional  compensation  may  be  earned  in  prize  cases.  (Sec 
sec.  842,  R.  S.  U.  S.) 

781.  A  clerk's  maximum  compensation  is  computed  by  the  cal- 
endar year,  and  where  he  serves  less  than  a  year  is  liiAitcd  to  a  pro 
rata  for  the  period  of  service.     (See  7  Comp.,  171.) 

782.  A  deceased  clerk's  estate  is  not  entitled  to  the  personal  com- 
pensation of  the  office  accruing  subsequent  to  his  death  and  prior 
to  the  appointment  of  his  successor.     (See  15  Comp.,  401.) 

783.  The  aUowance  for  personal  compensation  for  each  calendar 
year  shall  be  made  only  from  the  foes  and  emoluments  of  that  year. 
(See  sec.  843,  R.  S.  U."s.) 

ACCOUNTS. 

(Kor  foes  earned  from  the  United  States.) 

GENERAL  INSTRUCTIONS. 

784.  Accounts  should  be  prei)arod  quarterly,  on  paper  81  by  14 
inches,  and  transmitted  to  the  Department  of  Justice  within  20  duys 
after  the  close  of  the  quarter.  Each  account  must  inchulc  nil  fci>s 
earned  from  the  United  States  during  the  quarter. 


INSTRUCTIONS   TO    CLERKS   OF    UNITED   STATES   COURTS.         155 

785.  Tlie  quarters  of  a  fiscal  year  end  Sept  ember  30,  December  31, 
March  31,  and  June  30,  respectively. 

786.  The  pages  should  be  numbered  in  the  lower  left-hand  corner 
and  the  footing  of  each  page  carried  to  the  top  of  the  next  page. 

787.  Charges  should  be  arranged  in  the  following  order: 

(a)  Travel  to  attend  court  (stating  the  places  from  which  and  to 
which  travel  was  made) . 

(b)  Attendance  on  court  (stating  each  day  for  which  a  per  diem  is 
charged.  If  a  Sunday  or  holiday  is  charged  for,  it  must  be  shown 
that  court  was  open  and  business  transacted  therein) .  If  attendance 
is  charged  when  the  judge  was  absent,  the  account  should  show  the 
services  on  which  the  charge  is  based. 

(c)  Return  travel. 

(d)  Miscellaneous  services  not  rendered  in  a  particular  case. 

(e)  Services  in  cases. 

788.  There  must  be  an  itemi^ation  of  charges  showing: 

(a)  The  title  and  character  of  each  case  in  which  services  are 
charged. 

(6)  The  date  of  each  item  of  service. 

(c)  The  character  of  each  paper  hied. 

(d)  The  folios  contained  in  each  paper  drawn  and  each  entry  made. 
(See  sec.  854,  R.  S.  U.  S.) 

789.  All  charges  for  services  relating  to  proceedings  leading  up  to 
and  subsequent  to  an  mdictment  against  any  one  or  more  persons, 
including  charges  for  filing  the  commissioner's  papers,  should  be  made 
under  a  single  case  caption;  and  where  it  is  not  clear  from  the  nature 
of  the  service  itself  that  such  service  was  on  behalf  of  the  United 
States,  the  account  should  show  the  facts  which  made  it  a  service  on 
their  behalf. 

790.  Wliere  fees  are  claimed  in  two  or  more  cases  against  the  same 
defendant,  they  should,  if  possible,  be  charged  on  the  same  or  consecu- 
tive pages  of  the  account. 

791.  Copies  of  orders  approving  accounts  (to  be  attached  to  the 
duplicate  accounts)  are  unnecessary  when  the  duplicates  are  or  should 
be  filed  in  the  office  of  the  clerk  at  the  place  of  approval,  and  fees  for 
making  or  certifying  such  copies  will  not  be  allowed. 

792.  Certificates  of  clerks  that  duplicate  accounts  have  been  filed 
in  their  offices  are  unnecessary,  and  fees  for  making  such  certificates 
will  not  be  allowed. 

793.  Seals  to  copies  of  orders  approving  accounts  are  required;  but 
seals  to  affidavits  and  to  copies  of  orders  relative  to  subvouchers  are 
not  required,  and  charges  therefor  are  not  allowed. 

794.  When  charge  is  made  for  issuing  a  capias  or  bench  warrant,  it 
must  be  shown  whether  the  defendant  was  akeady  in  custody  or  on 
bond;  and,  if  on  bond,  that  the  warrant  was  issued  on  order  of  court. 
(See  act  of  Mar.  3,  1887.) 


156         ]XSTRUCTH)XS    TO    CLKKKS    OF    UNITED    STATES    COURTS. 

795.  When  charge  is  made  for  issumg  an  alias  or  pluries  writ  of 
capias,  the  account  must  show  that  the  same  was  issued  upon  the  order 
of  the  court  or  on  praecipe  of  the  district  attorney. 

796.  When  fees  are  claimed  for  administering  oaths  to  witnesses  to 
testify,  it  should  be  affii-matirely  shown  that  such  witnesses  were 
SAvorn  on  behalf  of  the  United  States  or  after  having  been  subpoenaed 
under  the  provisions  of  section  878,  R.  S.  U.  S. 

797.  Wliere  fees  are  claimed  for  services  rendered  on  appeal,  the 
account  should  clearly  show  by  whom  the  appeal  was  taken;  and  in 
all  other  cases  the  account  should  clearly  indicate  the  nature  of  the 
service  and  on  whose  behalf  it  was  rendered. 

798.  Charges  for  mileage  should  be  included  in  quarterly  accounts. 

799.  \^liere  more  than  $1  is  charged  for  docket  fee,  the  account 
must  show  that  issue  was  joined;  and  where  $3  is  charged,  it  must 
also  show  that  testimony  was  taken. 

800.  When  folio  fees  are  claimed  for  making  entries  in  cases,  the 
account  must  show  the  total  number  of  words  in  each  entry. 

AFFIDAVIT  AND  APPROVAL. 

801.  Accomits  slioidd  be  supported  by  an  affidavit  in  the  followiiig 
form : 

I. ,  clerk  of  the  United  States  district  court  for  the  district  of 

being  duly  sworn,  depose  and  say  that  the  foregoing  account,  amounting 

to  >■ ,  is  just  and  true  as  therein  stated;  that  no  payment  has  .been  received  by 

nie  on  account  thereof;  that  the  services  therein  charged  have  been  actually  and 
necessarily  performed  as  therein  stated;  and  that  all  mileage  charged  is  for  actual 
and  necessary  travel. 


Chrk  District  Court. 
Subscribed  and  sworn  to  this day  of l!>. . . 

802.  They  must  be  submitted  for  approval  in  open  court. 

803.  The  order  of  approval  sliould  be  in  substantially  the  follow- 
ing form: 

Vv'hereas  ,  clerk  of  the  United  States  district  court  for  the 

di;  trict  of ,  has  rendered  to  this  court  an  account  for  his  official 

-ervices  from  the day  of ,  19 . . ,  to  the day  of 

J9..,  in  the  presence  of  the  district  attorney,  and  has,  by  his  oath,  attached  to  the 
account,  proved  to  the  satisfaction  of  the  court  that  the  ser\ice8  therein  charged 
have  been  actually  and  necessarily  performed  as  therein  stated;  and  whereas  said 
charges  appear  to  be  just  and  according  to  law,  it  is  hereby  ordered  that  said  account, 

amounting  to ( )  dollars  bo,  and  the  same  is  hereby,  approved.     It 

is  hereby  certified  that  upon  each  day  for  which  aper  diem  is  charged  in  this  account 
the  court  was  opened  for  1)U8iness  and  the  judge  present  and  presiding,  except  on 
the  following  days,  viz,  ,  on  which  the  district  court  was  ad- 
journed upon  written  orders  of  the  judge^  as  provided  by  section  12  of  the  judicial 

I'ide,  and  except  on  the  following  days,  viz, ,  on  which  ordci-p 

ni'  cuurt  were  entered  of  record. 

804.  Any  item  or  items  not  approved   by  the   court  should  bo 
>iH'cified. 


INSTRUCTIONS   TO   CLERKS   OF    UNITED   STATES   COURTS.         157 

EXPLANATIONS,  SUSPENSIONS,  DISALLOWANCES,  AND  REQUESTS 
FOR  DECISIONS  FROM  THE  COMPTROLLER. 

805.  Responses  to  interrogatories  from  the  Dej)artment  of  Justice 
relative  to  accounts  should  be  in  duplicate.  Explanations  to  suspen- 
sions by  the  Auditor  for  the  State  and  Other  Departments  should  be 
sent  directly  to  the  auditor.  They  are  not  required  in  duplicate. 
(For  instructions  as  to  appeals,  etc.,  see  pars.  1075  to  1087.) 

806.  Interrogations  from  this  Department,  statements  of  suspen- 
sion and  disallowance  by  the  Auditor,  and  copies  of  answers  thereto, 
with  other  correspondence  relative  to  clerks'  accounts  and  emolu- 
ment returns,  should  be  carefully  filed,  separate  from  other  papers. 

EMOLUMENT  RETURNS. 

807.  Clerks  are  required  to  make  to  the  Attorney  General,  in  such 
form  as  he  may  prescribe,  semiannual  returns  covering  the  first  and 
the  last  six  months  of  each  calendar  year,  respectively,  of  all  amounts 
received  for  services  in  any  way  connected  with  the  clerk's  office  dur- 
ing the  period  covered,  and  all  amounts  earned,  whether  received  or 
not  received.     (See  sec.  833  R.  S.  U.  S.,  and  32  Stat.  L.,  475.) 

Note. — No  amount  in  excess  of  $1  may  be  received  from  any  att  )rney  in  connection 
with  his  admission  to  ]iractice.  Tliis  amoimt  is  regarded  as  also  covering  the  issu- 
ance of  a  certificate  of  admission  if  required. 

808.  Every  clerk  shall,  at  the  time  of  making  his  emolument  return, 
deposit  to  the  credit  of  the  Treasurer  any  surplus  over  and  above 
his  compensation  and  authorized  expenses.     (See  sec.  844  R.  S.  U.  S.) 

809.  The  first  return  will  include  the  day  upon  w^hich  the  clerk 
assumes  duties.  The  last  return  will  terminate  with  the  day  previous 
to  the  day  upon  which  his  successor  assumes  duties. 

810.  In  case  of  the  death  of  a  clerk,  the  returns  should  be  rendered 
in  his  name  until  his  successor  assumes  duties.  They  should  be 
prepared  by  the  chief  deputy,  or  some  other  person  having  knowl- 
edge of  the  facts. 

811.  Mileage  is  not  a  foe,  and  the  clerk  should  not  charge  himself 
therewith.     It  should  be  reported,  as  indicated  by  the  forms. 

812.  It  is  unlawful  to  include  in  an  emolument  return  fees  not 
actually  earned  and  due  prior  to  the  close  of  the  period  covered.  (See 
28  Stat.  L.,  956.) 

813.  All  the  information  contemplated  by  Forms  119-x\,  120-A, 
131-A,  153-A,  and  168-A  is  essential  and  must  be  furnished.  If  there 
are  no  earnings  to  be  reported  on  a  given  form  it  should,  nevertheless,  bo 
included  with  the  return,  w^ith  a  statement  of  this  fact  thereon.  Wlierc 
there  are  divisions  in  a  district,  the  earnings  in  each  should  be  sep- 
arately reported.  The  footing  of  each  column  on  the  forms  should  be 
carried  to  the  top  of  the  next. 


158      ixsTRucTiONs  TO  cl?:kks  of  united  states  courts. 

814.  Exact  duplicates  of  emolument  returns,  including  the  sched- 
ules of  earnings,  should  be  retained  by  the  clerk. 

815.  Fees  for  making  copies  of  declarations  of  mtention  and  certifi- 
cates of  naturalization  must  be  accounted  for  in  the  regular  emolu- 
ment returns.  (See  15  Comp.,  289.)  For  the  proper  fees  see  para- 
graph 844  (h),  (i),  and  (n). 

816.  Emolument  returns  must  be  verified  by  affidavit,  before  an 
officer  authorized  by  law  to  administer  oaths  generally. 

EMOLUMENT  RETURNS  OF  CLERKS  OF  UNITED 
STATES  CIRCUIT  COURTS  OF  APPEALS. 

817.  Clerks  of  United  States  circuit  courts  of  appeals  are  required 
to  make  a  return  to  the  Attorney  General,  annually,  of  all  fees  and 
emoluments  of  their  offices.  Such  return  shall  cover  all  fees  and 
emoluments  earned  during  the  preceding  year;  necessary  office  ex- 
penses for  such  year,  including  clerk  hire  and  compensation  of  the 
clerk  (in  addition  to  an  annual  salary  of  $3,500,  payable  monthly 
by. the  marshal  from  the  appropriation  entitled,  "Salaries  Circuit 
Courts"),  not  to  exceed  $500  per  annum.     (See  31  Stat.  L.,  839.) 

OFFICE    EXPENSES    OF    CLERKS    OF  DISTRICT 
COURTS. 

818.  Authority  should  be  procured  from  the  department  before  any 
expense  (other  than  that  for  telegrams  and  long-distance  phone 
calls)  is  incurred.  Charges  for  expenses  not  previously  authorized 
are  subject  to  disallowance. 

819.  If  in  an  emergency  an  expense  is  necessarily  hici^rred  without 
authority,  application,  accompanied  by  full  explanation  of  the  emer- 
gency, should  be  made  at  once  for  permission  to  include  said  expense 
in  the  emolument  return. 

820.  On  June  1  and  December  1  of  each  year  clerks  should  make 
application  to  the  department  for  authority  to  purchase  supplies 
(including  b\ai\k  forms,  stationery,  etc.),  needed  for  official  purposes 
during  tlie  six  months  beginning  July  1  and  January  1,  respectively. 

821.  Such  aj^plications,  prepared  on  Form  25-A,  should  be  accom- 
panied by  competitive  bids,  unless  this  course  is  manifestly  impracti- 
cable.    Failure  to  submit  bids  must  be  explained  in  each  instance. 

822.  When  bids  are  solicited  competitors  should  be  furnished  with 
definite  and  identical  information  upon  which  to  base  proposals. 

823.  Tlie  department  will,  from  time  to  time,  suggest  the  names 
of  Government  contractors  who  can  supply  staple  articles  at  special 
rates.  Clerks  should  then  obtain  ciuotations  from  tlu^  (irms  suggested 
and  report  results  to  the  department. 


IXSTRUCTIONS    TO    CLERKS    OF    UXITKD    STATES    COURTS.         159 

S24.  Oil  Docembor  1  of  each  year  clerks  should  maki?  application 
to  the  department  for  authority  to  incur  the  following  items  of 
expense  (should  they  be  considennl  jiecessary)  during  the  calendar 
year  beginning  January  1 : 

(a)  Clerk  hire  and  paynient  of  deputies. 

The  application  must  state  the  following: 
■    (1)   Name  of  each  deputy  clerk  and  clerical  assistant. 

(2)  Location  of  each. 

(3)  Proposed  rates  of  compensation. 

(4)  Whether  any  of  them  are  employed  in  any  other  capacity. 

(5)  What  deputies  or  assistants,  if  any,  are  rendering 
services  in  connection  with  naturalization  proceedings;  what  portion 
of  their  time  is  devoted  to  that  work;  and  what  payments,  if  any, 
arc  made  to  them  from  naturalization  earnings. 

(h)  Telephone  service.  (vState  monthly  or  annual  rate  of  rental; 
whether  main  or  extension  stations  are  needed;  whether  service  will 
be  required  for  the  entire  year  or  only  for  a  limited  period.) 

(c)  Post-ofhce  box  rent.  (State  monthly,  quarterly,  or  annual  rate 
of  rental.) 

(d)  Traveling  expenses  of  deputy  clerks.  (State  number  of  trips 
to  be  made;  destinations,  etc.) 

825.  Clerks,  on  authority  of  the  <le])artment,  may  exchange  tjpe- 
writers,  adding  machines,  and  other  similiar  labor-saving  devices  in 
part  payment  for  new  machines  to  be  used  for  the  same  purpose. 
(See  38  Stat.  L.,  1161.) 

826.  Itemized  and  receipted  original  vouchers  for  office  expenses 
must  accompany  emolument  returns.  Such  vouchers  must  represent 
only  payments  actually  made  before  the  return  is  rendered.  Refer- 
ence should  be  made  on  each  voucher  to  the  date  of  the  authoriza- 
tion from  the  department. 

427.  Vouchers  should  be  numbered  consecutively  and  accompa- 
nied by  an  abstract. 

828.  When  charges  are  made  for  toll  calls,  a  statement  of  tolls 
(usually  furnished  by  the  telephone  company)  should  be  attached 
to  the  voucher.  The  clerk's  certificate  to  the  effect  that  the  calls 
were  necessary  and  on  official  business  connected  with  the  clerk's 
office  should  also  be  attached. 

829.  When  charges  are  made  for  telegrams,  copies  must  be  attached 
to  the  voucher.  The  clerk's  certificate  should  also  be  attached,  setting 
forth  that  the  telegrams  were  actual!}^  sent,  as  stated,  on  official 
business  connected  with  the  clerk's  office,  at  Government  rates,  and 
that  they  were  necessary  to  the  proper  transaction  of  public  business. 

830.  The  cost  of  telegrams  relative  to  the  business  of  the  court 
is  not  properly  chargeable  as  an  office  expense,  but  is  payable  by 
the  marshal. 


160         IXSTRUCTIONS    TO    CyiKKS    OF    U2slTED    STATES    COURTS. 

EXPENSE  ACCOUNTS  OF  DEPUTY  CLERKS. 

831.  Authority  must  be  procured  from  the  department  before  any 
expense  is  incurred  by  a  deputy,  incident  to  his  attendance  on 
court  while  away  from  headquarters.     (See  par.  824  (d).) 

832.  The  account  must  be  itemized  and  supported  by  subvouchers 
and  affidavit.  It  must  show  the  amount  expended  for  each  day's 
lodghig  and  subsistence.  The  expenses  are  on  a  daily  basis  and  are 
not  cumulative.  The  daily  expense  commences  with  breakfast  and 
ends  with  lodging. 

833.  "^Vhen  charge  is  made  for  berth  or  chair,  on  the  train,  the 
"passenger's  check"  or  memorandum  slip  should  be  attached  to  the 
account. 

834.  Cab  hire  will  be  allowed  only  if  shown  to  be  necessary. 

835.  Fees  to  waiters  and  expressmen,  and  hiundry,  will  be  allowed 
as  set  forth  in  paragraph  670. 

836.  Porterage  (when  not  prohibited  by  State  law)  not  exceeding 
25  cents  per  night  for  sleeping  car  or  15  cents  for  parlor  car  will  be 
allowed, 

BANKRUPTCY. 

GENERAL  INSTRUCTIONS. 

837.  Clerks  shall  respectively  (1)  account  for,  as  for  other  fees  re- 
ceived by  them,  the  clerk's  fee  paid  in  each  case  and  such  other  fees  as 
may  be  received  for  certified  copies  of  records  which  may  be  prepared 
for  persons  other  than  officers;  (2)  collect  the  fees  of  the  clerks, 
referee,  and  trustee  in  each  case  instituted  before  filing  the  petition, 
except  the  petition  of  a  proposed  voluntary  banlo-upt  which  is 
accompanied  by  an  affidavit  stating  that  the  petitioner  is  without, 
and  can  not  obtain,  the  money  with  which  to  pay"*such  fees;  (3) 
dehver  to  the  referees  upon  application  all  papei-s  which  may  be  re- 
ferred to  them,  or,  if  the  offices  of  such  referees  are  not  in  the  same 
cities  or  towns  as  the  offices  of  such  clerks,  transmit  such  papei-s  by 
mail,  and  in  like  manner  return  papei"s  which  were  received  from 
such  referees  after  they  have  beeji  used;  (4).  and  within  10  days  after 
each  case  has  been  closed  pay  to  the  referee,  if  the  case  was  referred, 
the  fee  collected  for  him,  and  to  the  trustee  the  fee  collected  for  him 
at  the  time  of  filing  the  petition.     (See  30  Stat.  L.,  558.) 

NOTICE  TO  PARTIES  NOT  TO  APPEAR. 

838.  A  clerk  who,  by  an  order  of  court,  nuide  and  sent  to  the  parties 
in  bankruptcy  cases  certified  copies  of  an  order  notifying  them  not  to 
appear  at  the  regular  term  of  the  court  to  which  they  had  been  noti- 
fied to  appear,  but  at  a  special  term  to  which  the  court  had  been 
adjourned,  is  not  entitled  to  se})arate  fees  for  this  service.  (See  6 
Comp.,  900.) 


INSTRUCTIONS   TO   CLERKS   OP   UNITED   STATES   COURTS.         161 

NOTICES  OF  FINAL  DISCHARGE. 

839.  Where  a  clerk  collects  an  amount  fixed  by  the  court  for  send- 
ing out  a  notice  in  bankruptcy,  he  must  account  for  the  fuU  amount 
thus  collected,  without  deduction  on  account  of  expense  of  sending 
the  notice,  such  expense  being  subject  to  approval  and  audit,  as  are 
other  expenses  of  the  clerk's  office.     (See  18  Comp.,  731.) 

COMMISSIONS. 

840.  Where  a  clerk  is  allowed  by  the  court  a  percentage  of  compo- 
sition funds  in  bankruptcy  cases  as  compensation  for  his  services  in 
handling  such  funds,  he  must  account  for  aU  amounts  thus  received  in 
the  same  manner  as  for  other  fees  and  emoluments  of  his  ofiice. 
(See  18  Comp.,  731.) 

FILING  FEE. 

841.  The  filing  fee  of  the  clerk  in  bankruptcy  proceedings  is  earned 
when  the  petition  is  filed  and  should  be  accounted  for  as  of  such  date, 
and  where  a  petition  is  filed  without  the  affidavit  of  inability  to  pay 
fees  it  is  the  duty  of  the  clerk  to  coUect  the  fees  before  the  filing, 
and  if  he  fails  to  do  so  he  must  account  therefor  whether  he  subse- 
quently collects  or  not,  and  the  subsequent  filing  of  the  affidavit  will 
not  relieve  the  clerk  of  his  UabiUty  to  account.     (See  14  Comp.,  210.) 

PARTNERSHIP  PROCEEDING. 

842.  Where,  in  connection  with  a  partnership  proceeding  a  separate 
petition  is  filed  by  any  individual  member  of  the  partnership  for  adju- 
dication in  bankruptcy  of  his  estate  as  separate  from  the  partnership 
adjudication,  the  clerk  shall  collect  and  account  for  the  filing  fee 
from  such  individual,  in  addition  to  the  filing  fee  for  the  partnership, 
except  where  he  is  prohibited  from  collecting  separate  fees  by  the 
action  of  the  court  exercising  jurisdiction  in  the  case,  or  where  the 
proceeding  is  in  forma  fawperis.     (See  15  Comp.,  249.) 

PAUPER  CASES— FEES  SXIBSEQUENTLY  COLLECTED. 

843.  The  clerk's  filing  fee  on  the  petition  of  a  voluntary  bankrupt 
who  makes  the  poverty  affidavit  provided  for  by  section  51  of  the  bank- 
ruptcy act  is  earned,  due,  and  payable  when  the  petition  is  filed,  and 
if  subsequently  collected  by  the  clerk  must  be  returned  and  accounted 
for  as  of  the  date  of  the  filing  of  the  petition.     (See  20  Comp.,  759.) 

POOR  SUITORS. 

843a.  The  poor  suitor's  oath  relieves  from  the  prepayment  of  fees 
and  costs  only  the  individual  who  takes  it.  Earnings  from  other 
parties  must  be  accounted  for  in  such  cases.  If  the  poor  suitor  pre- 
vails, earnings  for  services  in  his  behalf  should  then  be  collected  and 
accounted  for. 

895—16 11 


162        INSTRUCTIONS   TO   CLERKS   OF    UNITED   STATES   COURTS. 

FEES. 

FEE  BILL. 

844.  Clerk's  fees  are  prescribed  by  section  828,  R.  S.  U.  S.,  which 
is  as  follows : 

(a)  For  issuing  and  entering  every  process,  commission,  summons,  capias,  execu- 
tion, warrant,  attachment,  or  other  writ,  except  a  writ  of  venire  or  a  summons  or 
subpoena  for  a  witness,  one  dollar. 

(6)  For  issuing  a  writ  of  summons  or  subpoena,  twenty-five  cents. 

(c)  For  filing  and  entering  every  declaration,  plea,  or  other  paper,  ten  cents. 

(d)  For  administering  an  oath  or  affirmation,  except  to  a  juror,  ten  cents. 

(e)  For  taking  an  acknowledgment,  twenty-five  cents. 

(/)  For  taking  and  certifying  depositions  to  file,  twenty  cents  for  each  folio  of  one 
hundred  words. 

(g)  For  a  copy  of  such  deposition  furnished  to  a  party  on  request,  ten  cents  a  folio. 

(h)  For  entering  any  return,  rule,  order,  continuance,  judgment,  decree,  or  recogni- 
zance, or  drawing  any  bond,  or  making  any  record,  certificate,  return,  or  report,  for 
each  folio,  fifteen  cents. 

(i)  For  a  copy  of  any  entry  or  record,  or  of  any  paper  on  file,  for  each  folio,  ten  cents. 

(j)  For  making  dockets  and  indexes,  issuing  venire,  taxing  costs,  and  all  other 
services  on  the  trial  or  argument  of  a  cause  where  issue  is  joined  and  testimony  given, 
three  dollars. 

(k)  For  making  dockets  and  indexes,  taxing  costs,  and  all  other  services  in  a  cause 
where  issue  is  joined  but  no  testimony  is  given,  two  dollars. 

(l)  For  making  dockets  and  indexes,  taxing  costs,  and  other  services  in  a  cause 
which  is  dismissed  or  discontinued,  or  where  judgment  or  decree  is  made  or  ren- 
dered without  issue,  one  dollar. 

(m)  For  making  dockets  and  taxing  costs  in  cases  removed  by  writ  of  error  or  appeal, 
one  dollar. 

(n)  For  aflSxing  the  seal  of  the  court  to  any  instrument,  when  required,  twenty 
cents. 

(o)  For  every  search  for  any  particular  mortgage,  judgment,  or  other  lien,  fifteen 
cents. 

(p)  For  searching  the  records  of  the  court  for  judgments,  decrees,  or  other  instru- 
ments constituting  a  general  lien  on  real  estate,  and  certifying  the  result  of  such 
search,  fifteen  cents  for  each  person  against  whom  such  search  is  required  to  be  made. 

(q)  For  receiving,  keeping,  and  paying  out  money  in  pursuance  of  any  statute  or 
order  of  court,  one  per  centum  on  the  amount  so  received,  kept,  and  paid. 

(r)  For  traveling  from  the  office  of  the  clerk,  where  he  is  required  to  reside,  to  the 
place  of  holding  any  court  required  by  law  to  be  held,  five  cents  a  mile  for  going 
and  five  cents  for  returning,  and  five  dollars  a  day  for  his  attendance  on  the  court 
while  actually  in  session. 

845.  Section  52  of  the  act  of  July  1,  1898  (see  30  Stat.  L.,  559), 
provides : 

Clerks  shall  respectively  receive  as  full  compensation  for  their  service  to  each 
estate  a  filing  fee  of  ten  dollars,  except  when  a  fee  is  not  required  from  a  voluntary 
bankrupt. 


INSTEUCTIONS   TO   CLERKS    OF    UNITED    STATES   COURTS.         163 

DECISIONS  RELATING  TO  FEES  GENERALLY. 

FEES  MATTERS   OF  STRICT  LAW. 

846.  Fees  allowed  to  public  officers  are  matters  of  strict  law,  de- 
pending upon  the  very  provisions  of  the  statute.  They  are  not  open 
to  equitable  construction  by  the  courts  nor  to  any  discretionary  action 
on  the  part  of  officials.     (See  U.  S.  v.  Shields,  153  U.  S.,  88,  p.  91.) 

SERVICES  PERFORMED  UNDER  ESTABLISHED  PRACTICE. 

847.  A  practice  of  the  court  established  or  directly  sanctioned  by 
the  judge  has  the  same  force  and  effect  as  a  rule  of  court,  and  the 
clerk  of  a  court  acting  thereunder  is  entitled  to  fees  for  the  services 
rendered  necessary  by  such  practice.     (See  2  Comp.,  217.) 

"PRACTICE"  NOT  "RECOGNIZED." 

848.  A  practice  of  a  court  under  which  the  clerk  performs  services 
which  are  neither  necessary  nor  requii-ed  by  law  is  not  such  ''recog- 
nized practice '^  as  requires  the  allowance  of  fees  for  such  services. 
(See  9  Comp.,  113.) 

SET-OFFS  IN  ACCOUNTS. 

849.  A  clerk  of  court  is  not  entitled  to  credit  in  the  settlement  of 
his  accounts  for  amounts  short-charged  by  him  as  a  set-off,  either 
against  overcharges  for  services  of  the  same  class  or  against  amounts 
disallowed,  the  items  short-charged  never  having  been  presented  to 
and  approved  by  the  court,  as  required  by  law.     (See  6  Comp.,  382.) 

WHERE  COMPENSATION  NOT  PROVIDED  BY  LAW. 

850.  A  clerk  of  court  is  not  entitled  to  compensation  for  services 
performed  under  an  order  or  rule  of  court  unless  compensation  for 
such  services  is  provided  for  by  law.     (See  7  Comp.,  272.) 

SERVICES  ON  BEHALF  OF  DEFENDANT  IN  CRIMINAL  CASE. 

851.  For  services  rendered  on  behalf  of  the  defendant  in  a  criminal 
case  other  than  those  performed  under  section  878,  Revised  Statutes, 
the  clerk  of  the  United  States  court  is  not  entitled  to  fees  from  the 
Government.     (See  2  Comp.,  221.) 

MAKING  DUPLICATE  ACCOUNTS. 

852.  Clerks  of  courts  are  not  entitled  to  folio  fees  for  making  dupli- 
cate accounts,  such  accounts  not  being  records  within  the  meaning  of 
section  828,  Revised  Statutes.     (See  7  Comp.,  726.) 


164        INSTKUCTIONS  TO   CLERKS   OF   UNITED   STATES   COURTS. 
FEES  CHARGED  INDIVIDUAL  LITIGANTS. 

853.  The  ComptrolU;!'  of  the  Treasury  has  no  jurisdiction  in  advance 
of  the  settlement  of  an  account  to  render  a  decision  upon  the  question 
of  the  fees  to  which  a  clerk  is  entitled  for  services  performed  by  him 
for  individual  Utigants.  Where  the  question  is  one  of  the  proper 
taxation  of  fees  against  an  individual  htigant  in  the  court  such  ques- 
tion is  not  one  which  the  accounting  officers  are  authorized  to  decide. 
(See  18  Comp.,  543.) 

ACKNOWLEDGMENTS. 

854.  Only  one  fee  will  be  allowed  for  taking  the  acknowledgment 
of  defendant  and  sureties,  unless  it  is  made  to  appear  that  it  was 
necessary  to  take  them  separately.     (Sec  147  U.  S.,  695.) 

BONDS. 

855.  A  clerk  is  not  entitled  to  fees  from  the  United  States  for  pre- 
parmg  the  official  bonds  of  the  various  oflBLcei-s  of  the  court.  (See  140 
U.S.,  169.) 

CALENDARS. 

856.  A  clerk  is  not  entitled  to  folio  fees  for  making  calendars  for 
the  judge,  district  attorney,  and  clerk.     (See  11  Comp.,  329.) 

CERTIFICATES. 

857.  It  is  not  required  that  the  copy  of  a  subpoena  in  chancery 
served  on  a  defendant  under  the  general  equity  rules  shall  be  certified, 
and  the  clerk  is  not  entitled  to  fees  for  certificates  and  seals  to  such 
copies,  unless  required  by  rule  of  court  or  a  practice  >  directly  sanc- 
tioned by  the  court.     (See  2  Comp.,  342.) 

858.  Where  a  restraining  order  directs  that  the  marshal  serve  the 
defendants  with  a  certified  copy  thereof,  the  clerk  is  entitled  to  fees 
for  certificates  to  the  copies,  but  not  for  seals  to  such  certificates. 
(See  2  Comp.,  342.) 

CITATIONS. 

859.  As  a  marshal  can  serve  process  in  any  county  in  his  district, 
l)ut  one  original  citation  in  scire  facias  cases  is  necessary,  and  a  clerk 
is  not  entitled  to  fees  for  issuing  several  original  citations  under  the 
State  practice  requiring  separate  citations.     (See  3  Comp.,  419.) 

COMMISSIONS. 

860.  In  order  to  entitle  a  clerk  to  the  commission  provided  by  law 
for  "receiving,  keeping,  and  paying  out  money  in  pursuance  of  any 


INSTRUCTIONS   TO   CLEEKS   OF   UNITED    STATES   COUETS.         165 

statute  or  order  of  court,"  the  money  must  actually  pass  through 
his  hands.     (See  15  Comp.,  354.) 


861.  Clerks  are  entitled  to  fees  for  making  copies,  as  follows: 

(a)  Of  orders  approving  accounts  to  be  forwarded  to  the  depart- 
ment.    (See  147  U.  S.,  672.) 

(b)  Of  indictments  furnished  defendants,  when  ordered  by  the 
court  to  be  made  at  the  expense  of  the  United  States,  but  not  other- 
wise.    (See  7  Comp.,  219.) 

(c)  Of  subpoenas,  when  ordered  by  the  court  to  be  made.  (See 
140  U.  S.,  169.) 

COSTS. 

862.  A  clerk  who  has  paid  into  the  Treasury  the  costs  taxed  against 
the  defendant  in  a  case  where  the  Government  is  the  plaintiff  can 
not  demand  repayment  from  the  United  States  of  the  sum  taxed  as 
his  fees.     (See  2  Comp.,  418.) 

DOCKET  FEES. 

863.  The  docket  fee  of  $3  covers  the  entry  of  the  case  upon  the 
docket,  indexing  the  same,  making  contemporaneous  minutes  and 
entries  upon  the  docket  or  calendar,  and  such  other  incidental  services 
as  are  not  covered  by  other  clauses  of  the  statute.     (See  140  U.  S.,  169.) 

864.  A  clerk's  right  to  a  docket  fee  as  upon  issue  joined  attaches  at 
the  time  issue  is  in  fact  joined,  and  is  not  lost  by  the  subsequent  with- 
drawal of  the  plea  which  constituted  the  issue,  and  this  rule  apphes 
to  cases  in  which,  after  issue  is  joined,  the  case  is  discontinued  or 
nolle  pros  entered.     (See  164  U.  S.,  49.) 

865.  When  several  persons  are  indicted  under  one  indictment,  an 
order  of  court  granting  separate  trials  makes  independent  causes  and 
entitles  the  clerk  to  separate  docket  fees  under  paragraph  10  of  section 
828,  R.  S.  U.  S.     (See  204  U.  S.,  562.) 

866.  A  clerk  is  not  entitled  to  a  docket  fee — 

(a)  Until  the  case  is  finally  disposed  of  as  to  all  defendants.    (See 

147  U.  S.,  692.) 

(6)  When  no  indictment  has  been  found.     (See  147  U.  S.,  687.) 

(c)  In  proceedings  to  remove  a  prisoner  to  another  district  for  trial. 

(See  147  U.  S.,  676.) 

ENTRIES. 

867.  A  clerk  is  not  entitled  to  foho  fees — 

(a)  For  making  docket  entries.     (See  6  Comp.,  382.) 
(6)  For  entering  an  order  or  making  a  record  where  the  only 
service  performed  is  the  filing  of  a  paper  in  his  office.     (Id.) 


166        INSTRUCTIONS   TO   CLERKS   OF   UNITED   STATES   COURTS. 

868.  A  clerk  is  entitled  to  a  fee  of  15  cents  per  folio  for  making 
entries  in  a  separate  cash  book  which  he  keeps  by  direction  of  the 
Attorney  General  as  a  record  of  moneys  received  from  the  marshal  and 
deposited  in  the  Treasury,  as  required  by  section  6  of  the  act  of  May 
28,  1896.     (See  3  Comp.,  616.) 

FILING. 

869.  A  clerk  is  entitled  to  fees  for  filing — 

(a)  Separate  papers  sent  up  by  commissioners  in  crimmal  cases. 
(See  140  U.  S.,  169.) 

(b)  Marshals'  duplicate  accounts,  with  the  vouchers  attached, 
but  not  for  filing  each  voucher.     (See  147  U.  S.,  672.) 

(c)  Bank  certificates  of  deposit,  for  fines  paid,  to  the  credit  of  the 
Treasurer  of  the  United  States.     (See  164  U.  S.,  49.) 

870.  A  clerk  is  not  entitled  to  fees  for  filing — 

(a)  Orders  of  the  United  States  attorneys  to  discharge  witnesses. 
(See  147  U.  S.,  695.) 

(&)  Separate  orders  for  the  payment  of  jurors  and  witnesses.  (See 
147  U.  S.,  676.) 

(c)  Exhibits  temporarily  in  his  custody.     (See  14  Comp.,  598.) 

FINAL  RECORDS. 

871.  A  clerk  is  entitled  to  fees  for  recording,  after  the  determination 
of  prosecution,  all  the  proceedings  relating  to  it,  including  the  order 
of  commitment.     (See  147  U.  S.,  672.) 

872.  A  clerk  is  not  entitled  to  a  fee  for  entering  in  final  record 
proceedmgs  before  a  committmg  magistrate,  as,  although  they  may 
properly  be  filed  and  a  fee  charged  for  filing,  they  form  no  part  of 
the  record.     (See  147  U.  S.,  676.) 

873.  The  rule  in  United  States  v.  Kmg,  that  proceedmgs  before  a 
committing  magistrate  form  no  part  of  the  final  records,  applies  to 
affidavits.     (See  U.  S.  v.  Taylor,  147  U.  S.,  695.) 

874.  A  clerk  is  not  entitled  m  computing  the  folios  in  a  final  record 
to  treat  each  document,  judgment,  etc.,  as  a  separate  instrument,  but 
should  count  the  folios  of  the  record  as  one  instrument  contmuously 
from  beginning  to  end.     (See  U.  S.  v.  Kurtz,  164  U.  S.,  49.) 

HABEAS  CORPUS  PROCEEDINGS. 

875.  A  clerk  of  a  court  is  not  entitled  to  fees  from  the  United 
States  for  services  in  habeas  corpus  proceedings  rendered  at  the  request 
of  the  person  applying  for  the  writ.     (See  2  Comp.,  220.) 

LIST  OF  JURORS. 

876.  When  a  list  of  jurors  with  their  residences  is  requhed  to  be 
made  by  the  order  or  practice  of  the  court,  and  to  be  posted  up  in  the 


INSTRUCTIONS   TO   CLERKS    OF   UNITED   STATES   COURTS,        167 

clerk's  office  or  preserved  in  the  files,  and  no  other  mode  of  compen- 
sating the  clerk  is  provided,  it  may  be  charged  for  by  the  folio. 
(See  164  U.  S.,  49.) 

MILEAGE. 

877.  If  the  court  sits  for  any  number  of  days  in  succession,  the  clerk 
should  contmue  in  attendance,  but  if  the  court  is  adjourned  over 
one  or  more  intervening  days  he  is  not  obliged  to  remain  at  the  place 
of  holding  court,  but  may  return  to  his  home  and  charge  travel  for 
going  anew  to  attend  the  term  at  the  day  to  which  it  is  adjourned. 
(See  U.  S.  V.  Harmon,  147  U.  S.,  268.) 

878.  A  clerk  is  not  entitled  to  mileage — 

(a)  For  travel  in  going  home  on  Saturday  when  the  court  is 
adjourned  over  Sunday.  Sunday  is  a  nonjudicial  day  which  does 
not  interrupt  the  continuity  of  the  term  of  court.     (See  153  U.  S.,  88.) 

(b)  For  travel  made  by  his  deputy  to  attend  court.  (See  5  Comp., 
886.) 

(c)  For  travel  from  his  place  of  residence  to  the  place  of  holding 
court  when  the  sole  purpose  of  the  travel  is  to  draw  juries.  (See  12 
Comp.,  573.) 

(d)  For  travel  to  attend  court  at  a  place  where  he  has  a  deputy, 
when  the  only  service  to  be  performed  is  the  entry  of  an  order  ad- 
journing the  court  to  a  future  day,  of  which  order  he  has  notice 
before  the  travel  was  made.     (See  12  Comp.,  360.) 

OATHS. 

879.  A  clerk  is  entitled  to  the  fee  for  administering  the  oath  to  a 
bailiff  in  charge  of  a  jury,  such  oath  not  being  the  oath  of  office.  (See 
8  Comp.,  479.) 

880.  A  clerk  is  not  entitled  to  fees  from  the  United  States  for 
administering  oaths  of  office  to  deputy  marshals,  jury  commissioners, 
bailiffs,  district  attorneys,  or  their  assistants,  the  oaths  being  properly 
chargeable  to  the  officers  sworn.     (See  140  U.  S.,  169.) 

881.  A  clerk  is  not  entitled  to  fees  for  admmistermg  oaths  to  wit- 
nesses on  behalf  of  non-indigent  defendants,  i.  e.,  where  said  witnesses 
have  not  been  subpoenaed  under  the  provisions  of  section  878  R.  S., 
U.  S.     (See  14  Comp.,  222.) 

882.  The  authority  conferred  by  the  act  of  May  28,  1896,  upon 
clerks  of  courts  to  administer  oaths  extends  to  their  deputies.  (See 
7  Comp.  MS.,  672.) 

PER  DIEMS. 

883.  A  clerk  is  entitled  to  per  diem  compensation — 

(a)  For  attendance  on  court  at  each  of  two  or  more  places  in  the 
district  when  he  personally  attends  at  one  place  and  by  deputy  at  the 
others.     (See  147  U.  S.,  676.) 


168        INSTRUCTIONS   TO   CLERKS   OF    UNITED   STATES   COURTS. 

(6)  When  the  court  has  met  and  been  opened  and  adjourned  by 
the  judge  for  one  day  or  for  more  than  one  day  successively  and  then 
adjourned  by  written  order  of  the  judge  from  day  to  day  for  any 
number  of  days  so  ordered.     (See  147  U.  S.,  669.) 

(c)  For  attendance  on  court  on  a  day  on  which  business  was 
"transacted  by  clerk  under  orders  of  the  judge,"  although  the  busi- 
ness transacted  is  the  entry  of  orders  made  by  the  judge  at  another 
place  and  sent  to  the  clerk.     (See  8  Comp.,  848.) 

{d)  For  attendance  on  court  on  days  when  the  court  is  opened  by 
the  judge  for  business,  although  no  business  is  actually  transacted. 
(See  4  Comp.,  161.) 

(e)  For  referring  voluntary  bankruptcy  petitions  to  the  referee  in 
the  absence  of  the  judge.     (See  212  U.  S.,  275.) 

884.  A  clerk  is  not  entitled  to  per  diem  compensation — 

(a)  For  services  in  selecting  juries  in  connection  with  the  jury 
commissioner.     (See  147  U.  S.,  676.) 

(Jb)  When  the  only  service  performed,  in  the  absence  of  the  judge, 
is  the  filing  and  entering  returns  on  writs  and  the  filing  of  papers. 
(See  Hyams  v.  U.  S.  Ct.  Cls.,  No.  31115.) 

(c)  When  the  only  business  transacted,  in  the  absence  of  the 
judge,  is  the  filing  of  naturalization  papers.     (See  18  Comp.,  921.) 

RECOGNIZANCES. 

885.  Recognizances  may  be  taken  either  in  open  court,  in  which 
case  a  record  entry  is  made  of  the  fact  upon  the  journal,  or  by  a 
separate  instrument  signed  and  acknowledged  before  a  proper  officer. 
In  the  one  case  the  clerk  is  entitled  to  a  fee  for  making  the  entry,  and 
in  the  other  for  drawing  and  filing  the  recognizance  (see  U.  S.  v.  Bar- 
ber, 140  U.  S.,  164,  166,  par.  3),  but  not  for  both."  (See  U.  S.  v. 
Payne,  147  U.  S.,  687.) 

886.  A  clerk  is  not  entitled  to  charge  for  taking  separate  recogni- 
zances of  witnesses  in  criminal  cases  miless  witnesses  could  not  be 
conveniently  recognized  together.     (Sec  147  U.  S.,  676.) 

RECORDS. 

887.  The  act  of  February  6,  1889,  allowing  to  a  defendant  as  of 
right  a  writ  of  error  to  the  Supreme  Court  in  capital  cases,  without 
security  for  costs,  and  making  it  the  duty  of  the  clerk  to  certify  up  the 
record,  does  not  authorize  the  clerk  to  charge  against  the  United 
States  fees  for  such  services.     (See  2  Comp.,  612.) 


888.  A  clerk  is  entitled  to  the  fee  for  affixing  the  seal  to  the  cer- 
tified copy  of  an  order  appointing  a  United  States  commissioner  fur- 


INSTRUCTIONS   TO   CLERKS   OF   UNITED   STATES   COURTS.         169 

nished  the  appointee,  such  appointee  not  having  been  an  officer  until 
he  accepted  his  appointment.     (See  8  Comp.,  479.) 

889.  A  clerk  is  not  entitled  to  the  fee  for  affixing  the  seal  to— 

(a)  A  certificate  of  the  clerk  which  is  for  use  of  officers  of  the 
court  only.     (See  6  Comp.,  540.) 

(b)  A  copy  of  an  order  of  court  where  the  order  itself  directs  a 
"  certified"  copy  only.     (See  6  Comp.,  900.) 

(c)  Original  writs,  the  seal  being  a  component  part  of  the  writ  for 
the  issuance  of  which  a  fee  is  provided.     (See  8  Comp.,  479.) 

SEARCHES. 

890.  In  the  absence  of  a  rule  or  order  of  court  to  the  contrary,  a 
clerk  may  properly  charge  a  fee  of  10  cents  for  filing  a  requisition 
for  a  search,  15  cents  for  making  the  search,  15  cents  per  folio  for 
the  certificate,  and  20  cents  for  the  seal,  when  the  seal  is  required 
to  be  afiixed.     (See  18  Comp.,  947-949.) 

PRINTING  BRIEFS,  RECORDS,  COURT  CALENDARS, 

ETC. 

891.  Not  later  than  June  1  of  each  year  clerks  will  confer  with 
district  attorneys  and  soHcit  competitive  bids  for — 

(a)  The  printing  of  briefs  and  records  for  the  approaching  fiscal 
year. 

(h)  The  printing  of  court  calendars,  bar  dockets,  trial  and  jury  lists 
for  the  approaching  fiscal  year. 

}^ToxE.— The  instructions  contained  in  section  (b)  of  the  above  paragraph  apply 
only  to  those  districts  where  it  is  customary  to  provide  calendars,  etc.,  for  distribution. 

892.  Bidders  should  have  definite  and  identical  information  upon 
which  to  base  proposals.  The  rates  per  page  to  be  charged  for  briefs, 
records,  calendars,  etc.,  must  be  separately  stated. 

893.  All  bidders  must  offer  in  writing  to  comply  with  the  provi- 
sions of  the  act  of  June  19,  1912.  (See  37  Stat.  L.,  137.)  Bids  which 
do  not  contain  this  offer  will  not  be  considered. 

894.  The  bids  submitted  should  be  transmitted  to  the  department 
with  proper  recommendations  for  authority  to  award  the  contract  for 
the  year's  work.  The  award  of  the  contract,  however,  does  not  ordi- 
narily convey  any  authority  to  have  calendars,  briefs,  or  records 
printed.  Applications  for  such  authority  must  be  made  in  the  usual 
manner  on  Form  25-B,  by  the  clerk  as  to  calendars,  bar  dockets, 
etc.,  and  by  the  district  attorney  as  to  records  and  briefs,  in  each 
particular  case  as  the  necessity  arises. 


170      IjS'structions  to  clerks  op  united  states  courts. 
VOUCHERS. 

895.  Form  324,  entitled  "Vouclier  for  purchases  and  services  other 
than  personal,"  should  be  used  for  bills  for  printing  calendars,  briefs, 
records,  etc.  Payment  will  be  made  by  the  marshal  from  the  appro- 
priation "Miscellaneous  Expenses,  U.  S.  Courts, "  covering  duly  author- 
ized expenses,  set  forth  on  properly  prepared  and  certified  vouchers. 

RECORDING  AND  REPORTING  APPOINTMENTS, 
ETC.,  OF  COMMISSIONERS. 

(See  also  pars.  953  to  959,  Instructions  to  Commissioners.) 

896.  Appointments  of  commissioners  must  be  entered  of  record  by 
the  clerk  of  the  district  court,  and  notice  furnished  at  once  by  the 

clerk    to    the    Attorney    General.     In    reporting    appointments    or 
reappointments,  clerks  should  state — 

(a)  The  full  name  of  the  appointee. 

(b)  The  date  of  the  order  of  appointment. 

(c)  The  date  the  appointment  became  effective. 

(d)  The  date  the  appointee  executed  the  oath  of  office. 

(e)  The  official  residence  of  the  appointee. 

897.  In  reporting  resignations  or  removals,  the  clerk  should  state 
definitely  when  they  become  effective.  ''At  the  close  of"  (giving 
the  date)  is  the  form  to  be  observed. 

898.  Certificates  or  seals  to  notices  of  the  appointment  of  commis- 
sioners, copies  of  orders  of  appointment,  or  copies  of  their  oaths  of 
office  are  not  required.     Fees  therefor  will  not  be  allowed. 

MISCELLANEOUS  MATTERS. 

899.  Clerks  should  ordinarily  forward  process  direct  to  the  marshal. 
If,  however,  immediate  service  is  necessary,  it  may  be  delivered  to  a 
deputy  marshal. 

900.  Clerks  should  furnish  the  Department  of  Justice  and  the 
Auditor  for  the  State  and  Other  Departments  with  copies  of  rules  of 
court,  when  printed,  and  copies  without  seals  of  new  rules  or  amenda- 
tory orders. 

901.  Fees  will  be  allowed  for  issuing  executions  and  subpoenaing 
witnesses  on  behalf  of  the  United  States  only  when  the  accounts 
show  affirmatively  that  they  were  issued  either — 

(a)  Upon  the  written  request  or  praecipe  of  a  United  States  attorney. 

(b)  In  obedience  to  an  order  of  court. 

(c)  Upon  request  made  by  a  grand  jurv. 

902.  Witnesses  on  behalf  of  the  United  States  shall  ho  subpa^naed 
to  testify  generally,  and  not  to  depart  without  leave.     Under  such 


INSTRUCTIONS   TO   CLERKS   OF    UXITED   STATES   COURTS.         171 

process  they  shall  also  appear  before  the  grand  or  petit  jury,  or  both, 
as  may  be  required.     (See  sec.  877,  R.  S.  U.  S.) 

903.  It  is  the  duty  of  the  clerk  to  insert  the  names  of  as  many  wit- 
nesses in  a  given  subpoena  as  convenience  in  serving  \vill  permit.  (See 
sec.  829,  R.  S.  U.  S.) 

904.  If  subpanas  are  to  be  sent  out  of  the  district,  they  should 
show  upon  their  face  whether  they  were  issued  in  civil  or  criminal 
causes  or  for  appearance  before  the  grand  jury-  (See  sec.  876,  R.  S. 
U.  S.) 

905.  It  is  the  duty  of  clerks  to  transmit  the  original  accounts  of 
marshals  (as  well  as  their  own  accounts)  to  the  Attorney  General  for 
examination,  and  retain  the  duplicates,  which  shall  be  open  to  public 
inspection.  Such  accounts  should  be  forwarded  immediately  after 
approval.     (See  18  Stat.  L.,  333,  and  28  Stat.  L.,  210.) 

906.  Clerks  must  certify  to  marshals  abstracts  of  payments  to 
jurors  and  witnesses.  But  one  certificate  is  required  for  each  complete 
list  for  a  term  of  court,  included  in  one  account.  The  seal  of  the  court 
is  unnecessary.     (See  pars.  482  to  486.) 

907.  Clerks  will  not  be  allowed  fees  for  furnishing  district  attor- 
neys with  copies  or  transcripts  of  entries  covering  data  which,  under 
these  instructions,  should  be  available  from  the  records  of  the  attor- 
ney's office. 

908.  Articles  purchased  from  emoluments  are  the  property  of  the 
Government,  and  must  be  accounted  for  accordingly. 

909.  The  records  of  a  district  court  shall  be  kept  at  the  place  where 
the  court  is  held.  When  it  is  held  at  more  than  one  place  in  any  dis- 
trict and  the  place  of  keeping  the  records  is  not  specially  provided  by 
law,  they  shall  be  kept  at  either  of  the  places  of  holding  the  court  which 
may  be  designated  by  the  district  judge.     (See  36  Stat.  L.,  1088.) 

909a.  It  is  urged  that,  in  any  kind  of  an  action,  where  not  incon- 
sistent with  a  rule  of  court,  bonds  or  stipulations  for  costs,  or  for  the 
release  of  vessels  or  other  property,  be  so  drawn  as  to  bind  the  obligors 
specifically  for  the  payment  in  any  event  of  the  fees  and  expenses  of 
court  officers  for  services  in  their  behalf. 

SEAMEN'S  WAGE  CASES. 

909b.  (a)  Every  seaman  who  is  a  citizen  of  the  United  States  is 
entitled  to  the  benefit  of  the  poor  suitor's  act  (36  Stat.  L.,  866)  upon 
taking  the  oath  therein  prescribed.  If  he  files  such  oath  and  prevails 
in  his  action,  your  earnings  should  then  be  collected  and  accounted 
for. 

(&)  If  the  seaman  is  not  a  citizen  of  the  United  States  or,  being 
such,  fails  or  declines  to  take  the  poor  suitor's  oath,  clerks  should, 


172        INSTRUCTIOXS   TO    CLERKS    OF   UNITED   STATES   COURTS. 

except  where  a  rule  of  court  expressly  prevents  such  practice  in  sea- 
men's wage  cases,  require  an  advance  deposit,  bond,  or  stipulation 
from  the  seaman  or  in  his  behalf  to  cover  your  lawful  earnings,  as  in 
ordinary  civil  cases  between  private  litigants. 

(c)  If  a  rule  of  court  relieves  the  seaman  from  furnishing  a  stipula- 
tion for  the  payment  of  costs  awarded  against  Mm  hy  tTie  court.  It  is 
not  regarded  as  relieving  him  from  the  necessity  of  either  taking  the 
poor  suitor's  oath  or  furnishing  advance  deposit  or  security  for  the 
earnings  and  expenses  of  officers  for  services  in  his  behalf. 

RECORD  BOOKS  FOR  CLERKS  OF  COURTS  (OTHER 
THAN  THOSE  SUPPLIED  BY  THE  DEPARTMENT 
OF  JUSTICE). 

910.  The  cost  of  books  for  recording  the  proceedings  of  the  court 
is  payable  by  the  marshal  from  the  appropriation  ''Miscellaneous 
expenses,  U.  S.  courts."  They  must  be  purchased  only  after  receipt 
of  authority  from  the  Attorney  General.  Applications  should  be 
made  upon  Form  25-B. 

911.  Such  apphcations  must  be  accompanied  by: 

(a)  Sample  pages  of  the  books. 

(b)  Bids  from  two  or  more  reliable  dealers. 

(c)  The  certificate  of  the  judge  that  they  ''are  absolutely  necessary 
for  recording  the  proceedings  of  the  court  and  come  within  the  pur- 
view of  section  830,  R.  S.  U.  S," 

912.  Such  applications  should  state: 

(a)  The  nature  of  the  books. 

(b)  For  whose  use  and  for  what  purposes  they  are  needed. 

(Bills  should  be  vouchered  on  Form  324,  entitled  "Voucher  for 
services  and  purchases  other  than  personal.") 

913.  Separate  appUcation  should  be  made  in  duplicate  upon  Form 
25-A  for  authority  to  procure  books  needed  by  clerks,  other  than 
those  furnished  by  the  department  and  those  for  recording  the  pro- 
ceedings of  the  court.      (See  pars,  818  to  823.) 

OTHER  RECORD  BOOKS. 

Note: — These  books  should  be  carefully  kept.  Corrections  should  be  made  by 
cancellation,  never  by  erasure. 

914.  In  accordance  with  the  provisions  of  the  act  of  June  30,  1906 
(34  Stat.  L.,  754),  the  following  record  books,  which  should  be  kept 
up  to  date,  are  prescribed  by  the  Department  of  Justice  and  are  fur- 
nished upon  requisition: 


INSTEUCTIONS   TO   CLEEKS   OF   UNITED   STATES   COURTS.         173 

(a)  Cash  book. 

(h)  Civil,  criminal,  and  bankruptcy  dockets. 

(c)  Fees  and  expenses  of  U.  S.  Marshal. 

915.  A  blotter  or  day  book,  and  a  ledger,  the  use  of  which,  while 
desirable  in  many  districts,  is  optional,  are  also  furnished  by  the 
department  upon  requisition. 

CASH  BOOK. 

916.  This  is  the  book  of  original  entry  for  all  cash  transactions. 
Each  entry  should  accurately  represent  the  actual  receipt  or  disburse- 
ment of  money,  excepting  that  receipts  for  the  earnings  of  the  mar- 
shal's office,  when  exchanged  without  an  actual  interchange  of  money, 
should  be  treated  as  cash. 

917.  Only  the  gross  amount  of  marshal's  earnings  received  at  any 
one  time  for  payment  into  the  Treasury  need  be  entered  in  the  cash 
book.  The  itemization  of  such  moneys  should  be  made  in  the  book 
entitled  "Fees  and  expenses  of  U.  S.  marshals." 

918.  The  total  of  each  column  should  be  carried  continuously  from 
page  to  page,  until  the  close  of  business  on  June  30  and  December  31 
of  each  year,  at  which  times  the  book  should  be  balanced  upon  its 
face.  Balances  may  be  taken  at  other  times,  upon  memorandum 
slips  or  otherwise,  as  frequently  as  may  be  desired. 

919.  Each  of  the  specified  columns  of  this  book  should  be  used  as 
follows : 

(a)  Columns  entitled  "Registry  funds,"  Only  for  funds  deposited 
under  sec.  995,  R.  S.  U.  S. 

(6)  Columns  entitled  ''Clerk's  fees  and  deposits  therefor  in  cases." 
For  moneys  received  for  fees  taxable  as  costs  in  cases,  including  the 
cost  of  transcripts  on  appeal,  or  writs  of  error,  indemnity  deposits 
for  notices  in  bankruptcy  cases  and  fees  other  than  filing  fees  relat- 
ing to  bankruptcy  matters,  when  taxable  as  costs  in  some  case  or 
proceeding.  Amounts  received  from  the  Treasury  in  payment  of  the 
clerk's  earnings  should  also  be  entered  in  these  columns.  Except 
such  amounts  all  entries  in  these  columns  should  be  posted  to  the 
cash  accounts  in  the  dockets. 

(c)  Columns  entitled  "Clerk's  filing  fees  in  bankruptcy."  For  clerk's 
filing  fees  onhj,  as  indicated  by  the  illustration  herein  given.  These 
entries  should  be  posted  in  full  to  the  docket. 

(d)  Columns  entitled  "Miscellaneous  earnings  of  clerk."  All  mis- 
cellaneous earnings  not  covered  by  other  columns,  including  miscel- 
laneous earnings  in  bankruptcy,  and  fees  for  copies  of  naturalization 
papers. 


174        INSTRUCTIONS   TO   CLEEKS    OF   UNITED   STATES   COURTS. 

(e)  Columns  entitled  "Naturalizations."  All  fees  prescribed  by 
tlie  naturalization  law,  that  is,  fees  for  first  and  second  papers. 

(/)  The  columns  entitled  "Moneys  not  included  in  other  col- 
umns." For  fees  of  referees  and  trustees  in  bankruptcy,  and  mis- 
cellaneous moneys  in  which  the  clerk  has  no  personal  interest,  con- 
tingent or  otherwise,  as  follows: 

(1)  For  fees  of  referees  and  trustees  in  bankruptcy. 

(2)  For  amounts  received  and  paid  into  the  Treasury,  covering 
earnings  of  the  marshal's  office.  (The  total  amount  received  or  dis- 
bursed at  any  time  should  be  entered  as  a  lump  sum.) 

(3)  For  fines,  judgments,  etc.,  collected  in  United  States  cases. 

(4)  For  cash  bail  in  cases  before  United  States  commissioners  and 
any  other  moneys  not  specifically  provided  for  otherwise. 

DOCKETS. 

920.  All  fees  earned  by  the  clerk  in  any  case  except  bankruptcy, 
including  fees  for  final  records  and  transcripts  on  appeal  or  writ  of 
error,  should  be  itemized,  plaintiff  and  defendant  separately,  in  the 
appropriate  columns,  at  the  right  of  the  respective  entries  of  proceed- 
ings. In  the  Civil  Docket,  the  money  column  at  the  extreme  right 
should  be  reserved  for  amounts  to  be  reported  in  the  emolument  returns. 

921.  In  the  cash  accounts,  the  moneys  of  plaintiffs  and  defendants 
should  be  entered  separately  as  indicated  by  the  docket  form.  Such 
entries  should  be  made  by  posting  from  the  cash  book  or  be  made 
in  the  cash  book  and  docket  contemporaneously,  except  where  a  bal- 
ance to  the  credit  of  a  party  or  attorney  in  one  case  is  transferred  on 
the  docket  to  the  credit  of  the  same  party  or  attorney  in  another  case. 

922.  It  is  not  necessary  to  post  the  receipt  and  disbursement  of 
registry  moneys  to  the  cash  accounts  in  the  dockets  when  a  separate 
ledger  is  kept  for  such  moneys.  While  not  required,  it  is  exceedingly 
desirable  that  such  separate  ledger  be  kept. 

923.  Marshal's  earnings,  paid  by  the  marshal  to  the  clerk,  should 
not  be  posted  to  the  cash  accounts  in  the  dockets,  as  there  is  a  sepa- 
rate record  for  such  earnings. 

924.  In  a  banki'uptcy  case,  the  full  amount  of  the  filing  fees,  in- 
cluding the  clerk's  fee  and  the  indemnity  deposit  for  notices,  should 
be  posted  to  the  docket. 

925.  When  fees  are  earned  from  defendants  in  criminal  cases,  the 
half-yearly  totals  of  such  fees  should  bo  entered  in  red  on  the  right- 
hand  margin  of  the  Criminal  Docket;  but  where  the  defendant  is 
relieved  by  statute  from  payment  of  fees,  that  fact  should  also  be 
noted  in  some  form  at  the  same  place.  Moneys  received  for  such 
fees  should  appear  in  the  cash  account  of  the  case. 


Ckrh^i  ea$h  booh,  United  States  district  court. 


Clerk's  '  Clerk's 

nABidtriT  S'Pfisand;  Filing 

w^Sths     Deposits  Fee  in 

1  in  Cases.  [  ruptcy. 


Clarence  Sterling,  Int. 


W.  J.  StMling,  Int 

II.  IirKeedy,  Jr.VAtty:i 


Adm.  as  Atty  .. 

Deposit 

U.S.  a/c Sept.  Qr.  1915. 


,  Registry  Funds. 


andHaman,  Attya.. 

.  Keedy,  Jr.,  Atty  . . , 


Clerk's  Fees  and 
Deposits  There- 
for in  Cases. 


Others 
leS. 


Misc.  Earnings  Julv 
Per  Order  Court. . . . 
Docket  Fee.. 
Refund  Deposit., 


f  Nat.  Faes  . . . 
a.S.a/cSept.t 


..14,206.95  U.22S.92        110.00 


So. 00  S1,S46.00 


.  ti,197.0l>      S9.»7 


S3. 00  I  U.54S.00 


INSTRUCTIONS   TO   CLERKS   OF    UNITED    STATES   COURTS.         175 

926.  Amounts  received  in  United  States  cases,  as  fines,  judg- 
ments, etc.,  and  entered  in  the  cash  book,  should  be  posted  to  the 
cash  accounts  in  the  dockets,  and  entered  with  appropriate  dates  in 
the  space  for  "Proceedings." 

927.  Criminal  cases  should  be  entered  in  the  Criminal  Docket  only 
after  an  indictment  or  information  has  been  filed.  Prior  to  that  time, 
cases  sent  up  by  commissioners  may  be  recorded  in  a  separate  book. 

928.  The  additional  special  pages  at  the  back  of  each  docket 
should  be  used  when  necessary  for  the  continuation  of  the  cash 
accounts  and  the  entries  of  proceedings. 


RECEIVED, 


Month.    Day. 


Dock- 


Registry 
Funds. 


1915 
July 


Aug 


Sept 
Oct. 


Amounts  brought  forward.  Balances 

Thomas  S.  Ilodson,  Atty.... I  Deposit '  A-1 

Jackson  and  Ilenson,  Attvs.'         "      j  L-1 

Thos.  Y.  Jones,  Atty "...    Filing  Fee ]  B-1 

Charles  Espy Copy  decree,  47  fols. . . I  E-1 

G.  G .  Bedsworth,  Int [  Fee". A-1. 

Henry  ]  T.  Keedy ,  Jr.,  Atty . !  Deposit 

David  Saltz,  Int I  Fee 

John  Wilson i  Fee.Crisfld.IIdw.Co. 

Clarence  Sterling,  Int i  Fee 


Coni-ad  ITirsch. 

James  J.  Zegowitz 

W.  L.  Stewart,  U.  S.  Mar. 

W.J.Sterling,  Int 

E.  Coke  TTaller 

H.  TI.  Keedy,  Jr.,  Atty... 
U.  S.  Treasury 


Second  papers 

First  papers 

Proceeds  of  sale 

Fee 

Adm.  as  Atty 

Deposit 

U.S.  a/c Sept. Qr.  1915. 


L-1... 
A-1... 
A-1... 
A-1 . . . 


206.9^ 


896—16.    (To  face  page  175.) 


INSTRUCTIONS   TO   CLERKS   OF   UNITED   STATES   COURTS.         175 

926.  Amounts  received  in  United  States  cases,  as  fines,  judg- 
ments, etc.,  and  entered  in  the  cash  book,  should  be  posted  to  the 
cash  accounts  in  the  dockets,  and  entered  with  appropriate  dates  in 
the  space  for  "Proceedings." 

927.  Criminal  cases  should  be  entered  in  the  Criminal  Docket  only 
after  an  indictment  or  information  has  been  filed.  Prior  to  that  time, 
cases  sent  up  by  commissioners  may  be  recorded  in  a  separate  book. 

928.  The  additional  special  pages  at  the  back  of  each  docket 
should  be  used  when  necessary  for  the  continuation  of  the  cash 
accounts  and  the  entries  of  proceedings. 


176        INSTEUCTIOXS   TO    CLERKS   OF   UNITED   STATES   COURTS. 
Docket  No.  155,  Adm.  DOCKET. 


Title  of  Case. 


Attorneys. 


Nathaniel  Gates,  jr.,  and  Robert  C.  Gates,  partners,  trading  as     Thomas  S.  Hodson. 
Crisfleld  Machine  Works,  i 


Gasoline  Boat  "E.  Goldstrom.' 


James  U.  Dennis. 
Arthur  D.  Foster. 


Month.  Day.  Year 


Plaintiff's  Account. 


Re- 
ceived. 


Month.  Day.  Year. 


Dis- 
bursed. 


July. 


Aug. 


1915     Deposit  by  Thom- 
as S.  Hodson. 
From  G.  G.  Beds- 
wort  h, 
fees. 
•■'     David  Saltz, 

fees. 
"     John  Wilson 
(Cris.  Hdw. 
Co.),  fees. 
"     Clarence 
Sterling, 
fees. 
"     W.  J.  Ster- 
ling, fees. 
Pd.Thos.  S.  Hod- 
son to  refund 
deposit. 
"    Clerk,  fees 


$25.00 
.10 

.10 
.10 

.10 

.10 


S25.00 
.50 


25.50  I     25.50 


Abstract  of  Costs. 


To  Whom  Due. 


Receipts,  Remarks,  etc. 


Llbellant: 

Marshal 

Atty 

Clerk 

Respondent: 

Marshal 

Atty 

Clerk 

Llbe't's  deposit  of. 


SIO.  17 
20.00 
10.17 

9.67 

20.00 

.20 

25.00 


Pd.  direct. 

Received  Aug.  29, 1915.    [Signed]  T.  S.  H.    (Pd.  from  reg.) 

Pd.  ($9.67  pd.  from  reg.) 

Pd.  direct. 

Received  Aug.  30, 1915.   [Signed]  A.  D.  Foster.    (Pd.  from  reg.) 

Pd.  from  reg. 

Refunded  Aug.  30, 1915.    [Signed]  T.  S.  H. 


INSTRUCTIONS   TO   CLERKS    OF   UNITED   STATES  COURTS.         177 
UNITED  STATES  DISTRICT  COURT. 


Month.      Day.      Year 


July 


Aug. 


Filings— Proceedings . 


Libel  in  admiralty,  filed— contract 

Attachment  and  monition  issued,  re- 
turnable 16th  inst 

Attachment  returned,  endorsed,  "At- 
tached the  gasoline  boat  'E.  Gold- 
strom'  and  posted  monition  at  Cris- 
fleld,  Md.,  July  5, 1915."  Attachment 
filed 

Intervening  libel  and  claim  of  G.  G. 
Bedsworth  &  Son  for  SHI  .01  for  labor 
&  materials,  filed 

Petition  of  libeUant  for  sale  of  vessel  and 
motion  for  decree  of  condemnation  and 

sale,  filed 

Decree  of  condemnation  and  order  of 
sale  entered  and  filed 

Claim  of  David  Saltz  of  .?22.93  for  sup- 
plies furnished,  filed 

Claim  of  Crisfield  Hardware  Company  of 
$8.4.5,  materials,  etc. ,  filed 

Claim  of  Clarence  Sterling  &  Son  of  $22.70 
for  materials  &  supplies,  filed 

Order  of  sale  returned  endorsed , "  Served 
by  selling  at  public  auction  the  gaso- 
line boat 'E.  Goldstrom'at  Crisfield, 
Md.,  Aug.  17,  1915."    Order  filed 

Petition  of  libellants  for  distribution  of 
proceeds  of  sale  filed 

Order  of  court  setting  matter  of  distribu- 
tion of  proceeds  for  Aug.  28,  1915,  at  3 
o'cloclv  p.m.,  entered  and  filed 

U.  S.  marshal's  acct.  sales  showing  net 

proceeds  of  sale  amounting  to  ?206.95, 

filed. 

(Same  day  said  amount  deposited  m 

registry  of  court) 

Answer  of  Clarence  P.  Lankford,  trustee 
in  bnnkruptcy  of  Fredericlc  B.  Hob- 
son,  filed 

Petition  of  Clarence  P.  Lankford,  trus- 
tee, excepting  to  the  allowance  of 
claim  of  David  Saltz,  filed 

Intervening  libel  and  claim  of  W.  T. 
Sterling  of  $43.30  for  materials  &  sup- 
plies, filed 

Decree  of  court  distributing  the  funds  in 
registry  of  the  court  in  this  case,  en- 
tered and  filed 

Commission  on  disbursements 

Doclcet  fee 


No.  of 
words. 


Clerk's  Fees. 


Plain-   Defend' 
tiff.        ant. 


$0.10 
2.00 


.10 
1.00 
.10 
.10 
.10 


Amount 
Reported 
in  Emol- 
ument 
Returns. 


$0.10 
.10 


.70 
2.07 
3.00 


895—16- 


-12 


178        INSTRUCTIONS  TO   CLERKS   OF   UNITED   STATES   COURTS. 

Docket  No.  146,  Law.  DOCKET. 


Title  of  Case. 

Attorneys. 

Marshall  M.  Milton 
Samuel  B.  Loose. 

McCormick  &  Smith. 
Jackson  &  Henson, 

Roanoke,  Va. 
Henry  H.  Keedy,  jr. 
Gans  &  Haman. 

Date. 

Plaintiff's  Ac- 
count. 

Re- 

ceived. 

Dis- 
bursed. 

Date. 

Defendant's 
Account. 

ceived. 

Dis- 
bursed. 

Month. 

Day. 

Year. 

Month. 

Day 

Year. 

July 

2 

30 

1915 

Deposit,  J.  & 

$15.00 

"J8."26' 
6.80 

Aug. 
Sept. 

3 
20 

30 

1915 

Deposit,  H.H. 

K.,jr 

Deposit,  H.  H. 

K.Jr'. 

Pd.    Gans    & 
Haman , 

$5.00 
20.00 

$20.00 
4.30 

.70 

Sept. 

Pd.  clerk,  fees. 
Balance,  to  J. 

15.00 

15.00 

Pd.  clerk,  fees. 

Balance,  to  H. 

H.K.,jr.... 

25.00 

25.00 

Abstract  of  Costs. 

Receipts,  Remarks,  etc. 

To  Whom  Due. 

Amount. 

Plff.: 

Att 
Mar 
Cler 
Wit 
Deft.: 
Att 
Mar 
Cler 
Wit 

Y  

820.00 
4.22 
8.20 
17.50 

Pd.  direct. 

shal. 

nesse. 

20. 00  1  Pd.    Receipt  filed. 

2. 50  1  Pd.  direct. 

4.30  i 
21.00  1 

shal. 
V 

Note.— In  the  foregoing  examples  the  clerk's  fees  are  drawn  out  only  after  the  cases  are  closed.    It 
proper  for  the  clerk  to  draw  his  earnings  at  any  time  within  the  limits  stated  in  Par.  947. 


INSTRUCTIONS   TO   CLERKS   OF   UNITED   STATES   COURTS.         179 
UNITED  STATES  DISTRICT  COURT. 


Date. 


Filings— Proceedings. 


No.  of 
Words. 


Clerk's  Fees.  |  Amount 
Reported 
in  Emol- 
Plain-  Defend-    ument 

tiflf.        ant.      Returns. 


July 


Aug. 


Sept. 


Declaration  filed.  (Assumpsit— Claim 
$20,000) 

Summons  issued,  retble  1st  Tuesday  in 
August  next.    Copy  to  mar 

Summons  retiuned  and  filed.  "Sum- 
moned Samuel  B.  Loose,  personally, 
and  copy  of  summons  left  with  him  at 
Edgemont,  Washington  Co.,  Md., 
Julv  15,  1915" 

Plea  "filed 

Order  of  court  setting  case  for  trial  Sept. 
10, 1915,  entered  and  filed 

Filing  orders  for  subpoenas 

Issuing  subpoenas  for  plff  (2)  and  defend- 
ant (3)  

Copies  of  same  for  service,  2  fol.  each, 
plfl(4)dft(5) 

Subpoenas  returned  and  filed.  See  sub- 
poena docket 

Jury  impaneled  and  sworn.    Trial  had. 

Witnesses  sworn,  for  plfl  (4)  and  dft  (5)  . 

Prayers  filed,  for  plff  (4)  and  dft  (8) 

Defendant's  special  exceptions  to  grant- 
ing plffs  prayers  filed 

Defendant's  motion  to  strike  out  evi- 
dence filed 

Bailiff  sworn 

Jury  returned  verdict  for  deft  for  costs. 
Entered  and  filed 

Judgment  on  verdict  entered 

Docket  fee 


SO.  10 
1.40 


.20 

.75 

1.00 

.75 

.50 
.80 

.10 

.10 


.25 
.15 
3.00 


180         INSTRUCTIOXS    TO   CLEEKS   OF   UNITED   STATES   COURTS, 
United  States  district  court. 


Attorneys,  Referee, 
and  Trustee. 


Cash  Received  and  Disbursed. 


ne-  Dis- 

ceived.      bursed. 


Case  No.  133. 
In  the  matter  of 


Charles  P.  Brown. 


Voluntary. 


Attorneys, 

Thomas  Y.  Jones. 


Referee, 

Thomas  Makewell. 
Trustee, 

Oliver  A.  n olden. 


1915. 
July     6 

"       31 
Dec.  IS 

"      24 


Thomas  Y.  Jones.  . . . 
To  Clerk 

"  T.  Mak-ewell,  Ref. 

"  O.  A.  Holden,  Tr. 


$30.00 


SIO.OO 
15.00 
5.00 


Date. 

Trocecdings. 

Month. 

Day. 

Year. 

July 

6 

1915 

Petition  filed. 

[Etc.] 

Dec 

18 

1915 

Referee's  record  filed. 

(a)  Note.- Indemnity  deposits  for  notices  should  also  be  posted  to  this  account. 

OFFICIAL  FUNDS. 

PUBLIC  MONEYS  OF  THE  UNITED  STATES. 

929.  Except  as  otherwise  expressly  provided  by  law  the  gross 
amount  of  moneys  accruing  to  the  United  States,  without  any  abate- 
ment or  deduction  on  any  account  whatever,  should  be  paid  into 
the  Treasury.  (See  sec.  3617  and  for  exceptions  3618,  R.  S.,  U.  S.; 
also  34  Stat.  L.,  771.) 

930.  Public  moneys  accruing  to  the  United  States  from  fines,  for- 
feitures, fees,  forfeiture  of  recognizances  or  bail  bonds  given  in  crim- 
inal cases,  debts  due  the  United  States,  including  interest  thereon, 
costs  in  civil  and  criminal  cases,  sales  of  old  material,  etc.,  etc.  (ex- 
cept as  provided  in  the  following  paragraphs,  or  where  otherwise 
specifically  provided  by  law),  should  be  promptly  deposited  directly 
with  the  Treasurer  of  the  United  States  with  full  information  as  to 
the  source  of  the  receipt  in  each  case,  including  title  of  suit  and  its 
nature. 

931.  Clerks  whose  offices  are  located  in  the  same  city  with  a  depos- 
itary must  make  deposits  daily;  otherwise  collections  should  be  for- 
warded for  deposit  as  freciuently  as  they  amount  to  $1,000,  and  at 
the  end  of  each  month  without  regard  to  the  amount  accumulated. 

932.  Moneys  collected  in  cases  for  violations  of  internal-revenue 
laws,  including  costs,  should  be  paid  to  the  collector  of  internal  rev- 


INSTRUCTIONS   TO   CLERKS   OF    UNITED   STATES  COURTS.         181 

enue  for  the  district  in  which  the  case  arose,  a  receipt  therefor  to  be 
sent  to  the  Commissioner  of  Internal  Revenue.  (See  sec.  3216,  R.  S. 
U.  S.)  Actions  on  forfeited  recognizances  or  bail  bonds  in  internal- 
revenue  cases  are  classed  as  general  civil  suits,  and  collections  therein 
should  be  deposited  as  directed  m  paragraph  930. 

933.  Moneys  collected,  including  costs,  for  violation  of  the  following 
laws,  should  be  paid  to  the  collector  or  surveyor  of  customs  for  the 
district  or  port  in  which  the  cause  arose,  and  his  receipt  therefor  on 
Form  14  furnished  by  the  Solicitor  should  be  transmitted  direct  to 
the  Solicitor  of  the  Treasury: 

(a)  Customs. 

(b)  Navigation,  including  regulation  of  motor-boat  equipment  and 

steamboat  inspection. 

(c)  Smugghng  opium. 

(d)  Immigration  and  Chinese  exclusion  laws. 

934.  One-half  of  all  penalties  and  forfeitures  recovered  for  viola- 
tions of  law  affecting  revenues  or  property  of  the  Post  Office  Depart- 
ment should  be  paid  on  order  of  court  to  the  person  informing  and 
prosecuting  for  the  same,  unless  a  different  disposal  is  expressly  pre- 
scribed. The  remainder  of  such  moneys  and  aU  other  fines  in  crim- 
inal cases  for  violation  of  the  postal  laws,  with  costs,  also  aU  moneys 
collected  in  civil  post-office  suits  and  claims  should  be  transmitted 
directly  to  the  SoUcitor  of  the  Treasury  by  draft  or  check,  made  pay- 
able to  the  order  of  the  Treasurer  of  the  United  States,  accompanied 
by  a  report  on  Form  10.  Such  moneys  wiU  be  properly  deposited 
under  the  direction  of  the  Sohcitor,  and  duphcate  certificate  of  de- 
posit transmitted  to  the  clerk.     (See  sec.  4059,  R.  S.  U.  S.) 

935.  Promptly  upon  transmitting  to  the  Treasurer  of  the  United 
States,  or  collector  or  surveyor  of  customs,  moneys  which  have  ac- 
crued to  the  United  States,  the  clerk  will  make  reports  on  Form  10 
to  the  Solicitor  of  the  Treasury,  stating  the  number,  title  and  nature 
of  the  case  or  cases,  the  dates  of  commencement,  the  statutes  violated, 
and  the  nature  of  the  collections. 

MONEYS  PAID  INTO  COURT. 

936.  The  following  legislation  covers  the  disposition  of  moneys 
paid  into  court : 

Sec.  995,  R.  S.  U.  S.  All  moneys  paid  into  any  court  of  the  United  States,  or 
received  by  the  officers  thereof,  in  any  cause  pending  or  adjudicated  in  such  court 
shall  be  forthwith  deposited  with  the  Treasurer,  an  assistant  treasurer,  or  a  designated 
depositary  of  the  United  States,  in  the  name  and  to  the  credit  of  such  court:  Provided, 
That  nothing  herein  shall  be  construed  to  prevent  the  delivery  of  any  such  money 
upon  security,  according  to  agreement  of  parties,  under  the  direction  of  the  court. 

Sec.  996,  R.  S.  U.  S.  (as  amended  by  act  of  Feb.  19,  1897,  and  the  act  of  Mar.  3, 
1911).     No  money  deposited  as  aforesaid  shall  be  withdrawn  except  by  order  of  the 


182        INSTRUCTIONS  TO   CLERKS   OF   UNITED   STATES   COURTS. 

judge  or  judges  of  said  court,  respectively,  in  term  or  in  vacation,  to  be  signed  by- 
such  judge  or  judges,  and  to  be  entered  and  certified  of  record  by  the  clerk;  and  every 
such  order  shall  state  the  cause  in  or  on  account  of  which  it  is  drawn. 

In  every  case  in  which  the  right  to  withdraw  money  so  deposited  has  been  adjudi- 
cated or  is  not  in  dispute  and  such  money  has  remained  so  deposited  for  at  least  five 
years  unclaimed  by  the  person  entitled  thereto  it  shall  be  the  duty  of  the  judge  or 
judges  of  said  court,  or  its  successor,  to  cause  such  money  to  be  deposited  in  the 
Treasury  of  the  United  States,  in  the  name  and  to  the  credit  of  the  United  States: 
Provided,  That  any  person  or  persons  or  any  corporation  or  company  entitled  to  any 
such  money  may,  on  petition  to  the  court  from  which  the  money  was  received,  or  its 
successor,  and  upon  notice  to  the  United  States  attorney  and  full  proof  of  right  thereto, 
obtain  an  order  of  court  directing  the  payment  of  such  money  to  the  claimant,  and 
the  money  deposited  as  aforesaid  shall  constitute  and  be  a  permanent  appropriation 
Jor  payments  in  obedience  to  such  orders,  and  this  act  is  applicable  to  all  money  de 
posited  in  the  Treasury  of  the  United  States  in  accordance  with  section  nine  hundred 
and  ninety-six.  Revised  Statutes  of  the  United  States,  as  amended  February  nine- 
teenth, eighteen  hundred  and  ninety -seven. 

937.  Section  99  of  the  Criminal  Code  provides  a  penalty  for  the 
failure  to  properly  deposit  and  handle  funds  of  this  character. 

938.  Money  deposited  under  section  995,  R.  S.  U.  S.,  should  be 
deposited  to  the  credit  of  the  court,  and  not  to  the  credit  of  the  clerk, 
and  can  be  lawfully  drawn  from  the  depositary  only  as  provided 
under  section  996,  R.  S.,  U.  S.,  as  amended  by  the  act  of  March  3, 
1911. 

939.  Under  the  proviso  to  section  995,  R.  S.  U.  S.,  three  con- 
ditions must  exist  concurrently  to  justify  the  disposition  of  such 
funds  other  than  by  deposit  with  one  of  the  depositaries  therein 
named,  namely: 

(a)  There  must  be  security  furnished. 
(6)  An  agi-eement  of  parties. 
(c)  The  direction  of  the  court. 

940.  Moneys,  deposited  under  section  995,  the  right  to  which  is 
not  in  question,  which  have  remained  so  deposited  for  five  j^ears  or 
longer  unclaimed,  should  be  promptly  deposited  in  the  Treasury  in 
the  name  and  to  the  credit  of  the  United  States.  All  such  deposits 
should  be  accounted  for  in  the  qunrterly  Report  of  Deposits.  Specify 
therein  the  number  and  title  of  the  case,  and,  if  possible,  the  names 
of  the  persons  entitled  thereto  and  the  amoimt  due  each.  (See  36 
Stat.  L.,  1083.) 

WAGES,  ETC.,  OF  DECEASED  AND  DESERTING  SEAMEN. 

941.  Moneys  paid  into  court,  as  provided  by  the  following  sections 
of  the  Revised  Statutes,  should  be  deposited  to  the  credit  of  the  court 
with  a  United  States  depositary  and  drawn  therefrom  only  upon 
order  of  court: 

Sec.  4543,  R.  S.  U.  S.  Every  shipping  commissioner  in  the  United  States  shall, 
within  one  week  from  the  date  of  receiving  any  such  money,  wages,  or  effects  of  any 


INSTRUCTIONS   TO   CLEEKS   OF   UNITED   STATES   COURTS.         183 

deceased  seaman  or  apprentice,  pay,  remit,  or  deliver  to  the  circuit  court  of  the  circuit 
in  which  he  resides  the  money,  wages,  or  effects,  subject  to  such  deductions  as  may 
be  allowed  by  the  circuit  court  for  expenses  incurred  in  respect  to  such  money  and 
effects;  and  should  any  commissioner  fail  to  pay,  remit,  and  deliver  the  same  to  the 
circuit  court  within  the  time  hereinbefore  mentioned,  he  shall  incur  a  penalty  of 
not  more  than  treble  the  value  of  such  money  and  effects. 

Sec.  4545,  R.  S.  U.  S.  When  no  claim  to  the  wages  or  effects  of  a  deceased  seaman 
or  apprentice,  received  by  a  circuit  court,  is  substantiated  within  six  years  after  the 
receipt  thereof  by  the  court,  it  shall  be  in  the  absolute  discretion  of  the  court,  if  any 
subsequent  claim  is  made,  either  to  allow  or  refuse  the  same.  Such  courts  shall  from 
time  to  time  pay  any  moneys  arising  from  the  unclaimed  wages  and  effects  of  deceased 
seamen  which,  in  their  opinion,  it  is  not  necessary  to  retain  for  the  purpose  of  satis, 
fying  claims,  into  the  Treasury  of  the  United  States,  and  such  moneys  shall  form  a 
fund  for,  and  be  appropriated  to,  the  relief  of  sick  and  disabled  and  destitute  seamen 
belonging  to  the  United  States  merchant  marine  service. 

Sec.  4604,  R.  S.  U.  S.  All  clothes,  effects,  and  wages  which,  under  the  provisione 
of  this  title,  are  forfeited  for  desertion,  shall  be  applied,  in  the  first  instance,  in  pay- 
ment of  the  expenses  occasioned  by  such  desertion,  to  the  master  or  owner  of  the 
vessel  from  which  the  desertion  has  taken  place,  and  the  balance,  if  any,  shall  be  paid 
by  the  master  or  owner  to  any  shipping  commissioner  resident  at  the  port  at  which 
the  voyage  of  such  vessel  terminates;  and  the  shipping  commissioner  shall  account 
for  and  pay  over  such  balance  to  the  judge  of  the  circuit  court  within  one  month 
after  the  commissioner  receives  the  same,  to  be  disposed  of  by  him  in  the  same  manner 
as  is  prescribed  for  the  disposal  of  the  money,  effects,  and  wages  of  deceased  seamen. 
Note.— All  references  to  the  "  Circuit  Court "  in  the  preceding  sections  now  to  be  read  "  District 
Court." 

OTHER  MONEYS. 

942.  All  other  moneys  received,  to  be  held  by  the  clerk  as  advance 
deposits  for  costs  or  on  any  other  account,  should  he  deposited  to  his 
official  credit  as  cleric  in  an  entirely  separate  and  distinct  account  or 
accounts  from  private  funds  or  moneys  in  his  possession  in  any  other 
capacity  than  that  of  clerk. 

943.  Such  moneys  should,  as  far  as  possible,  be  kept  with  the 
Treasurer  or  an  assistant  treasurer  of  the  United  States,  or  a  regular 
United  States  depositary. 

944.  When,  in  any  case,  money  belonging  to  a  bankrupt  estate  comes 
into  the  official  possession  of  the  clerk,  it  should  remain  with  the  de- 
positary designated  by  the  court  under  authority  of  section  61  of  the 
act  of  July  1,  1898,  until  legally  disbursed;  but  moneys  deposited 
with  the  clerk  for  his  fees  and  those  of  the  referee  and  trustee,  and  the 
expenses  of  bankruptcy  proceedings,  are  regarded  as  not  coming 
within  the  purview  of  said  section  61,  and  should  be  treated  in  the 
same  manner  as  deposits  for  costs  in  other  cases,  unless  otherwise 
ordered  by  the  court. 

945.  All  moneys,  except  amounts  received  from  the  Treasury  in 
settlement  of  the  clerk's  accounts,  should  be  deposited  frequently  and 
promptly  in  bank  and  disbursed  only  by  checks.  Large  sums  should 
not  be  permitted  to  accumulate  in  the  clerk's  office. 


184        INSTKUCTIOXS   TO   CLEEKS   OF   UNITED   STATES  COUETS. 

946.  This  fund,  entitled  "Other  Moneys, "  must  not  be  drawn  upon 
directly  for  payments  to  be  made  for  clerk  hire,  stationery,  etc.,  or 
for  the  clerk's  personal  compensation.  Such  items  should  be  paid 
from  the  money  disbursed  by  the  clerk  to  himself,  as  directed  in 
the  next  paragraph. 

947.  All  disbursements  from  this  fund  on  account  of  fees  and 
emoluments  of  the  clerk  should  be  as  follows : 

(a)  To  the  clerk  himself  and  the  clerk  only. 

(b)  Covering  definitely  fees  actually  earned  in  specified  cases  or 
specific  miscellaneous  earnings. 

(c)  Only  to  the  hmit  of  the  balance  in  hand  in  any  case  or 
proceeding. 

REPORTS  OF  OFFICIAL  MONEYS. 

Note.— See  sections  5  and  6  of  the  act  of  February  22,  1875  (18  Stat.  L.,  334)  and 
act  of  March  4,  1911  (36  Stat.  L.,  13.55). 

TO  THE  COURT. 

948.  Section  798,  R.  S.,  U.  S.,  provides  that  at  each  regular 
session  of  any  court  of  the  United  States  the  clerk  shall  present  to  the 
court  an  accomit  of  all  moneys  remaining  therein  or  subject  to  its 
order,  stating  in  detail  in  what  causes  they  are  deposited  and  in  what 
causes  payments  have  been  made.  Said  account  and  the  vouchers 
thereof  shall  be  filed  in  the  court. 

TO  THE  ATTORNEY  GENERAL. 

949.  Pursuant  to  the  authority  contained  in  the  act  of  June  30, 
1906  (34  Stat.  L.,  754)  each  clerk  is  directed,  as  soon  as  practicable 
after  June  30  of  each  year,  to  transmit  to  the  Department  of  Justice 
a  statement  of  all  official  moneys  in  his  custody  or  in  the  custody 
of  the  court  at  the  close  of  business  on  said  date.  This  statement 
should  show : 

(a)  The  number  and  title  of  each  case  in  which  a  balance  remains 
and  the  amount  of  said  balance,  also  a  detailed  statement  of  any 
other  moneys  in  custody. 

ih)  The  amount  on  deposit  in  each  banking  institution,  the  exact 
title  of  each  account  therein,  and  the  number,  date,  and  amount  of 
each  outstanding  check. 

(c)  The  amount,  if  any,  of  cash  on  hand. 

id)  An  explanation  of  the  discrepancy,  if  any,  between  the  total 
amount  of  the  balances  shown  by  the  report,  and  the  total  amount  of 
fund.s  in  hand  and  in  bank  less  the  outstanding  checks. 


INSTRUCTIONS   TO   CLERKS   OF    UNITED   STATES   COURTS.         185 

950.  This  annual  report  should  be  in  substantially  the  following 
form : 

Statement  of  Moneys  in  the  Registry  of  the  United  States  District  Court  for  the  Northern 
District  of  Alabama  at  the  Close  of  Business  June  30, 1915. 

Case  No.  Title  of  case.  Date  of  deposit.  Amount. 

1923....Myersvs.  St.  Cloud  etal Oct.     3,1909..      $144.06 

1978 M.  A.  Jones  vs.  U.  S.  Jones  et  al Jan.    14,1910..  76.28 

2001..-..Bumpasvs.  Southern  Ry.  Co Nov.  27,1912..        100.00 

2179....Birminghamvs.  Water  Works Nov.  24,1914..  17,546.17 

223S Sou.  Investment  Co.  vs.  Brown  et  al Jan.     6, 1915.         719.25 

Total 18,585.76 

Amount  on  deposit  in  the  First  National  Bank  of  Birmingham,  a  regular  United 
States  depositary,  at  close  of  business  on  same  date,  to  credit  of  "  United  States 

District  Court" 819,121.25 

Cliecks  outstanding: 
No.  Date.  Amount. 

221 June  26,  1909 J477.15 

401 July  15,  1911 27. 16 

487 August  4,  1914 31-18 


Balance  subject  to  check 18, 585. 76 

C^^^^-^^d ^18.585.76 

Statement  of  Moneys  other  than  Registry  FtrNDS  in  the  Hands  of  Hugh  M.  Brown,  Clerk  o» 
the  United  States  District  Court  for  the  Northern  District  of  Alabama,  at  the  Close  op 
Business  June  30, 1915. 

CASES  other  than  BANKRUPTCY. 

Case  No.  Title  of  case.  Amount. 

1923.... Myers  vs.  St.  Cloud  et  al $13.45 

1978 Jones  vs.  Jones  et  al 9- 15 

2238 Sou.  Investment  Co.  vs.  Brown  et  al 2. 35 

2319 Cowperthwaite  vs.  Scullmore 11-75 

2417 Donnelly  vs.  Green  et  al 43. 55 

2466 Frankhauser  vs.  Southern  Express  Co 13. 76 

deposits  for  fees  and  COSTS  IN  bankruptcy  cases. 

Name  of  bankrupt. 

123 Joseph  C.  Sherman 5-00 

138 J.C.Brown 5.00 

149 Josef  Hermann 20.00 

198 Alice  Sprmger  &  Co 20.00 

299 Flynn&  Daly 5.00 

407 Novelty  Mfg.  Co 11-65 

Naturalization  fees  received  April  1, 1915,  to  date 38. 00 

Total 198.65 

Amount  on  deposit  in  the  First  National  Bank  of  Birmingham,  a  regular  United  States 

depositary,  at  close  of  business  on  same  date,  to  credit  of  "  Hugh  M.  Brown,  Clerk  U.  S. 

District  Court" $205.50 

Checks  outstanding: 

No.  Date.  Amount. 

215 July  17,  1914 $3.00 

321 April5,1915 3.85 


Balance  subject  to  check 198. 65 

Cash  on  hand 0.00 

198.65 

,  aerk. 

Notes. — In  the  schedule  of  balances  of  registry  funds,  amounts  of  $144.06  and 
$76.28  have  been  on  deposit  for  more  than  five  years.  If  the  right  to  withdraw  either 
amount  "has  been  adjudicated  or  is  not  in  dispute,"  and  it  has  "remained  so  deposited 


186        IXSTRUCTIOXS   TO    CLERKS   OF   UNITED   STATES   COURTS. 

for  at  least  five  years  unclaimed  by  the  person  entitled  thereto,"  it  should  be  brought 
to  the  attention  of  the  court  for  deposit  in  the  Treasury  under  the  act  of  March  3,  1911 
(36  Stat.,  1083). 

In  the  same  schedule  the  money  covered  by  outstanding  check  No.  221  comes  clearly 
within  the  scope  of  said  act  and  should  be  deposited  accordingly. 

TO  THE  TREASURER  OF  THE  UNITED  STATES. 

951.  Promptly  at  the  close  of  each  month  a  report  should  be  mailed 
to  the  Treasurer  of  the  United  States  of  the  balances  of  accounts  to  the 
credit  of  the  court  and  clerk  with  any  regular  United  States  depositary, 
in  order  that,  in  case  of  bank  failure,  the  Treasurer  may  protect  such 
accounts  by  appropriating  the  securities  in  his  hands.  Such  reports 
should  be  in  substantially  the  following  form: 

Statement  of  fu-nds  in  custody  of  court  and  to  official  credit  of  clerk. 

*  United  States  District  Court, ■  district  of . 

,  191— 

Sir: 

I  have  the  honor  to  report  moneys  on  deposit  to  the  credit  of  the  court  and  to  my 

official  credit  as  shown  by  the  records  of  my  office  at  the  close  of  the  month  of 

191 — ,  as  follows: 
To  credit  of  court: 

With National  Bank  of $ 

With National  Bank  of $ 

To  official  credit  of  clerk: 

With National  Bank  of $ 

With National  Bank  of S 

,  Clerk. 

The  Treasurer  of  the  United  States, 

Washington,  D.  C. 

RETIRING  CLERK. 

951a.  When  a  clerk  of  court  dies  or  otherwise  retires  from  office,  all 
Government  property  in  his  custody,  and  all  moneys  in  his  official 
custody  or  deposited  to  his  official  credit,  should  be  disposed  of  as 
directed  in  paragraphs  97  to  99  pertaining  to  United  States  marshals. 
See  also  paragraphs  770,  782,  809,  and  810,  as  to  duties  of  deputies, 
clerk's  compensation  and  closing  emolument  return. 

ISSUANCE  OF  APPLICATIONS  FOR  PASSPORTS. 

(See  also  directions  in  detail  from  the  Department  of  State  on  pages  211  to  213.) 

951b.  The  following  are  among  the  rules  to  be  carefully  observed  in 
acting  upon  applications  for  passports: 

(a)  One  of  the  clerk's  assistants  at  official  headquarters,  fully 
qualified    to    efficiently   perform    the   service,    should   be    specially 

*  In  a  clroult  court  of  appeals  this  caption  should  be  modified  to  conform  to  the  facts. 


INSTRUCTIONS   TO   CLERKS   OF    UNITED   STATES   COURTS.         187 

designated  to  handle  all  passport  matters.  Questionable  applications 
at  places  other  than  headquarters  should  be  referred  to  him.  His 
name  should  be  reported  to  the  Department  of  Justice. 

(6)  The  party  introducing  the  applicant  should  be  personally 
known  to  the  clerk,  or  some  other  official  of  the  court. 

(c)  It  should  be  ascertained  that  the  passport  is  being  sought  for 
proper  ends. 

(d)  The  necessary  birth  certificate  or  naturalization  certificate 
should  be  obtained. 

(e)  Letters  from  the  heads  of  the  proper  business  concerns  should 
be  obtained  from  t^ose  claiming  they  are  going  abroad  on  commercial 
business. 

(/)  The  Bureau  of  Citizenship  of  the  Department  of  State  should 
be  promptly  informed  when  the  supply  of  application  blanks  is 
nearly  exhausted.  All  applications  should  be  mailed  directly  from  the 
clerk's  office  to  the  Department  of  State,  with  full  information  as  to 
all  doubtful  cases. 

(g)  There  should  be  cooperation  with  the  special  agents  of  the 
Department  of  Justice.  Whenever  fraud  is  suspected  the  nearest 
special  agent  should  be  immediately  informed. 


PART  FIVE. 

INSTRUCTIONS   TO  UNITED   STATES  COMMIS- 
SIONERS. 


NOT  APPLICABLE   TO    OFFICIALS   IN   ALASKA,  PORTO   RICO,  THE  CANAL  ZONE,  OR 
THE  PHILIPPINE  ISLANDS, 

Sec.  368,  R.  S.  The  Attorney  General  shall  exercise  general  supervisory  powers 
over  the  accounts  of  district  attorneys,  marshals,  clerks,  and  other  officers  of  the 
courts  of  the  United  States. 

To  United  States  Commissioners  {other  than  in  tlie  District  of  Alaslca, 
Porto  Rico,  The  Canal  Zone,  and  the  Philippine  Islands): 
952.  In  the  execution  of  your  official  duties,  the  instructions  herein 
given   will   be   your   guide.     They   supersede   former   instructions, 
become  effective  Jime  1,  1916,  and  remain  effective  until  reissued, 
excepting  in  so  far  as  they  may  be  modified  from  time  to  time  by 
later  legislation,  decisions  of  the  courts,  or  the  Comptroller  of  the 
Treasury,  and  departmental  circulars. 
Respectfully, 

Thomas  W.  Gregory, 

Attorney  General. 

CONTENTS. 

Page. 

Appointment,  oath,  and  seal 190 

Accounts: 

Preparation  of 191 

Supplemental 192 

Affidavit  to 193 

Approval  by  the  court 193 

Fees: 

Fee  bill 194 

Complaints 195 

Warrants 196 

Bonds  and  commitments 197 

Witnesses 198 

Hearings 20o 

Continuances 201 

Discharge  of  poor  convicts 201 

Transcripts 203 

Miscellaneous  matters 203 

Extradition  cases 206 

Chinese-exclusion  cases 207 

Dockets  and  papers 208 

Explanations 208 

Appeals  to  and  requests  for  decisions  by  the  comptroller 209 

189 


190  INSTEUCTIONS   TO   UNITED   STATES   COMMISSIONEES. 

APPOINTMENT. 

953.  United  States  commissioners  are  appointed  by  the  United 
States  district  courts.  The  number  of  commissioners  is  determined  by 
the  court,  which  also  fixes  the  official  residence.  Such  appoint- 
ments are  for  terms  of  four  years,  subject  to  removal  by  the  court. 
(See  act  May  28,  1896,  29  Stat.  L.,  184.) 

954.  The  same  person  may  not  be  both  commissioner  and  clerk,  or 
deputy  clerk,  of  a  United  States  court  without  the  approval  of  the 
Attorney  General. 

955.  Except  as  stated  in  the  foregoing  paragraph,  no  civil  or 
military  employee  of  the  Government  may  exercise  the  duties  of  a 
commissioner.     (See  29  Slat.  L.,  184.) 

956.  Commissioners  may  not  be  appointed  receivers  in  any  case 
pending  in  the  courts  of  the  United  States. 

957.  The  same  person  can  not  legally  hold  the  office  of  commis- 
sioner for  two  judicial  districts  at  the  same  time.     (See  7  Comp.,  230.) 

958.  Appointments  of  commissioners  purporting  to  take  effect 
before  their  dates  are  inoperative  prior  to  the  date  when  actually 
made.     (See  9  Comp.,  167.) 

OATH  OF  OFFICE. 

959.  Commissioners  must  take  and  subscribe  to  the  oath  of  office 
prescribed  by  section  1756,  Revised  Statutes.  This  oath  should  be 
taken  on  the  day  the  commissioner  assumes  duties  and  filed  in  the 
office  of  the  clerk  of  the  district  court. 

SEAL. 

960.  Every  commissioner  must  provide  for  himself  an  impression 
seal,  2  inches  in  diameter,  in  the  following  form,  substituting,  of 
course,  his  own  name  and  the  district  for  which  he  is*  appointed  for 
those  shown  in  the  form. 


m 


n^\s2^^ 


961.  This  seal  should  ]>t'  used  gejierally  in  the  authentication  of 
official  acts  of  the  commissioner,  when  acting  as  such.  No  fees 
should  be  charged,  however,  for  affixing  said  seal. 


INSTRUCTIONS   TO   UNITED    STATES    COMMISSIONERS.  191 

ACCOUNTS. 
PEEPARATION  OF  ACCOUNTS. 

962.  A  single  account  covering  all  charges  arising  against  the 
United  States  should  be  prepared  within  20  days  after  the  close  of 
each  quarter,  and  transmitted  to  the  district  attorney,  to  be  sub- 
mitted to  the  court  for  approval.  (See  18  Stat.  L.,  333,  and  28  Stat- 
L.,  207.)  There  may  be  extended  delay  in  the  settlement  of  accounts 
not  rendered  within  the  20  days  prescribed  by  law. 

963.  The  quarters  of  a  fiscal  year  end  September  30,  December  31, 
March  31,  and  June  30,  respectively. 

964.  Each  account  should  include  all  charges  for  services  actually 
rendered  during  the  quarter.  Wlien  a  complaint  in  a  case  is  drawn 
in  a  given  quarter  and  the  hearing  completed  in  a  later  quarter,  the 
charge  for  each  service  should,  nevertheless,  be  made  in  the  account 
for  the  quarter  in  which  it  was  rendered. 

965.  Forms  8%  inches  wide  by  14  inches  long  should  be  used.  Only 
one  side  of  the  paper  may  be  used,  and  only  one  case  should  be 
placed  upon  a  page. 

966.  Cases  should  be  arranged  in  chronological  order,  using  the 
date  when  each  case  was  instituted  as  a  basis,  and  a  schedule  of  the 
cases  should  be  attached. 

967.  The  following  descriptive  entry  (with  the  blank  spaces  filled) 
should  precede  the  first  page : 

Account  of ,  United  States  commissioner  for  the district 

of ,  residing  at ,  for  the  quarter  ended ,  19 . . . 

968.  The  pages  should  be  numbered  consecutively  in  the  lower 
left-hand  corner.  The  footing  of  each  page  should  be  carried  for- 
ward to  the  top  of  the  next  page. 

969.  All  of  the  information  contemplated  by  the  following  form, 
which  is  recommended  for  use  by  commissioners,  must  be  supphed  in 
every  instance.  In  cases  where  a  warrant  is  issued  by  another  com- 
missioner, his  name  and  the  date  when  issued  must  also  be  shown. 

United  States,  to ,  U.  S.  Commissioner  for  the District  of ,  Dr. 

(If  complaint  is  made  by  an  ofTicer,  give  title.) 

United  States  Complaint  made  by 

His  oflBcial  title 

Offense  charged,  vio.  sec 


Nature  of  offense . 


*Complaint  approved  by  U.  S.  attorney day  of 

Offense  committed  at 

On  the day  of ,  19... 

Warrant  delivered  to for  service. 

Deft  arrested  at 

on ,19... 

Disposition  of  case 


*  Complaints  by  private  citizens  in  internal-revenue  cases  must  be  approved  in  writing  by  district  attorney 
before  issuance  of  warrants.    As  to  who  are  private  citizens,  see  Pars.  981  to  983. 


192  INSTEUCTIOXS   TO   UNITED  STATES   COMMISSIONERS. 


Dates. 

Warrant  issued  by 

Amount  brought 
forward. 

19      . 

Issuing  warrant  of  arrest,  75  cents 

Issuing  subpoena  or  subpoenas  in  said  case,  25 

cents,  with  5  cents  for  each  of  witnesses 

in  addition  to  the  first cents 

Drawing  temporary  bond  of  defendant  and  sure- 
ties, taking  aclcnowledgmeut  of  same,  and  justifi- 
cation of  sureties 

Issuing  temporary  commitment  and  making  copy 

Administering  oaths  to  U.  S.  witnesses  on 

trial 

Hearmg  and  deciding  on  criminal  charges  and 
reducing  the  testimony  to  writing  when  required 

Drawing  final  bond  of  defendant  and  sureties, 
taking  acknowledgment  of  same,  and  justifica- 
tion of  sureties 

Issuing  final  commitment  and  making  copy   of 

Entering  return  of  final  commitment 

Recognizance  of  all  witnesses  in  the  case,  defendant 

Oath  to U   S   witnesses  as  to  attendance  and 

Order  in  duplicate  to  pay  first  witness  on  behalf 

of  U.  S.,  30  cents,  and  5  cents  for  each  of 

additional  U.  S.  witnesses, ■  cents 

Transcript  of  proceedings  required  by  order  of 
court   and   transmission   of  origmal  papers   to 
court 

^ 

Copy  of  warrant  of  arrest,  with  certificate  to  same, 
defendant   being   held    for   court   and    original 
papers  not  sent  to  court 

i 

Examination  and  certificate  imder  section  1042, 
R.  S.,  and  all  services  connected  therewith  (date 
of  notice  to  District  Attorney ;  date  of  com- 
mitment  to  serve   sentence,   — —  ,    19 — ; 

period  of  imprisonment  named  in  sentence 

Total  fees  in  case 

Page- 


SUPPIEMENTAI  ACCOUNTS. 


970.  A  commissioner  must  include  in  his  regular  accounts  all  fees 
earned  during  the  period  covered  by  his  account,  and  supplemental 
accounts  will  not  be  considered  unless  the  fees  were  inadvertently 
omitted  and  a  satisfactory  reason  is  given  for  his  failure  to  include 
the  items  in  his  regular  account.  (See  5  Comp.,  511,  and  9  Coiap., 
117.) 


INSTRUCTIONS   TO    UNITED    STATES    COMMISSIONERS,  193 

FORM    OF    AFFIDAVIT    BY    A    UNITED  STATES  COMMISSIONER 
TO  HIS  ACCOUNT. 

United  Sfates  of  America, 

District  of 

1^  United  States  commissioner  for  the district  of , 

being  duly  sworn,  depose  and  say  that  the  foregoing  account,  amounting  to  $ , 

is  just  and  true,  as  stated  therein;  that  no  payment  has  been  received  by  me  on 
account  thereof,  and  that  the  services  therein  charged  have  been  actually  and  neces- 
sarily performed  as  stated;  that  in  no  internal-revenue  case  mentioned  in  said  account 
was  the  warrant  issued  upon  the  sworn  complaint  of  a  private  citizen  unless  first 
approved  in  writing  by  the  United  States  district  attorney,  and  that  in  each  case 
wherein  two  per  diems  are  charged  in  the  account  the  hearing  could  not  be  completed 
in  one  day. 


United  States  Commissioner. 
Subscribed  and  sworn  to  before  tlie  undersigned  tliis day  of ,  19 . . . 


971.  The  signature  of  a  notary  public,  clerk  of  Stat?  or  county  court, 
or  other  State  or  county  official  before  whom  a  commissioner's  ac- 
count is  sworn  to  should  be  attested  by  the  official  seal  of  the  official 
administering  the  oath  unless  such  official  is  not  required  by  law  to 
use  a  seal  in  attesting  his  signature. 

972.  If  the  official  before  whom  the  account  is  sworn  to  is  not  re- 
quired by  law  to  have  a  seal,  that  fact  should  be  noted  on  the  affidavit. 

973.  The  certificate  of  the  district  attorney  must  be  attached  to 
each  account  containing  charges  in  internal-revenue  cases,  or  cases 
arising  under  the  Chinese  exclusion  laws.     (Use  Amended  Form  473.) 

APPROVAL  OF  ACCOUNTS  BY  THE  COURT. 

974.  The  accomituig  officers  of  the  Treasury  are  without  jurisdiction 
to  consider  items  in  a  fee  account  of  an  officer  of  a  United  States  court 
unless  such  items  are  approved  by  the  court.     (See  2  Comp.,  223.) 

975.  Wliere  the  court  does  not  approve  a  commissioner's  per  diems 
for  days  to  which  he  had  continued  cases  on  trial  before  him,  no  fees 
can  be  allowed  for  services  rendered  necessary  by  and  incident  to  such 
continuances.     (See  2  Comp.,  223.) 

976.  The  disapproval  by  a  court  of  an  item  in  an  account  of  a 
commissioner  submitted  to  the  court  for  approval  or  disapproval,  as 
requu-ed  by  law,  is  conclusive  upon  the  accountmg  ofiicers.  (See  5 
Comp.,  131.) 

FORM  OF  ORDER  APPROVING  AN  ACCOUNT  OF  A   UNITED  STATES 
COMMISSIONER,  AND  CERTIFICATE  THERETO. 

Whereas ,  United  States  commissioner  for  the district  of 

,  has  forwarded  an  account  for  his  official  services  for  the  quarter  ended 

,   19..,  duly  certified  by  oath  attached   to  the  account,   and   the  district 

895—16 13 


194  INSTRUCTIOJs^S   TO   UNITED   STATES   COMMISSIONERS. 

attorney  has  .submitted  said  account  for  approval  in  open  court,  and  it  appearinj,'  to 
the  satisfaction  of  the  court  that  the  services  therein  charged  have  been  actually  and 
necessarily  performed  as  therein  stated;  and  it  being  proved  to  the  satisfaction  of 
the  court  that  in  each  of  the  cases  wherein  more  than  one  per  diem  is  charged  the 
hearing  could  not  be  completed  in  one  day,  two  per  diems  in  each  of  said  case?  are 
specially  approved  and  allowed  by  the  court;  and  whereas  the  charges  in  said  account 
appear  to  be  just  and  according  to  law,  it  is  ordered  that  said  account,  amounting 

to ($ ),    be,    and   the  same  is  hereby,   ap])r()ved    this dav   of 

,19... 

United  States  op  America, 

District  of ,  ss: 

I, ,  clerk  of  the  U.  S.  district  court  for  the  said  di.'^trict.  do  liereby 

certify  that  the  foregoing  is  a  true  copy  of  an  order  entered  npdii  the  j(,unial  of  said 
court. 

Witness  my  official  signature  and  the  seal  of  said  court,  at this 

day  of ,  A.  D.  19... 

,  Clerl:. 

By ,  Deputy. 

FEE  BILL. 

g-,^  j    The  act  of  May  28,  1896  (see  29  Stat.  L.,  184),  provides: 
\    Sec.  21.  That  each  Uaited  States  commissioner  shall  be- 
entitled  to  the  following-named  fees,  and  none  other: 

(a)  Drawing  a  complaint,  with  oath  and  jurat  to  same,  fifty  cents. 

(6)  Copy  of  complaint,  with  certificate  to  same,  thirty  cents. 

(c)  Issuing  warrant  of  arrest,  feventy-five  cents. 

(d)  Issuing  a  commitment  and  making  a  copy  of  same,  one  dcjllar. 

(e)  Entering  a  return,  fifteen  cents. 

(/)  Issuing  subpoena  or  subpoenas  in  any  one  case,  with  five  cents  for  each  neces- 
sary witness  in  a  '('ition  to  the  first,  twenty-five  cents. 

(g)  Drawing  a  bond  of  c'efendant  and  sureties,  taking  acknowle  "gment  of  same 
and  justification  of  sureties,  seventy-five  cents. 

(h)  For  a  1  ministering  an  oath  (except  to  watness  as  to  atten  lancV  and  travel),  ten 
cents. 

(?■)  Recognizance  of  all  witnesses  in  a  case,  when  the  defenlant  or  defen'.anls  are 
hel :'  for  court,  fifty  cents. 

(j)  Transcripts  of  proceedings,  when  recjuired  by  or  ler  of  court,  and  transmission  of 
original  papers  to  court,  sixty  cents. 

(k)  ('Opy  of  warrant  of  arrest,  with  certificate  to  same,  when  defen  'ant  is  licM  for 
court,  an  1  the  original  papers  are  not  sent  to  the  court,  forty  cents. 

(I)  Or  'er  in  ''uplicate  to  pay  all  witnesses  in  a  case:  For  first  witness,  thirl>-  cents. 
and  for  each  a  'c'itional  mtness,  five  cents,  and  for  oatli  to  eacli  witness  as  to  atten  1- 
ance  an  !  travel,  five  cents. 

(m)  VoT  hearing  an  !  c'eci  ing  on  criminal  charges  and  re  uting  the  testimony  to 
writing  when  require  1  by  law  or  order  of  court,  five  (Oliars  a  ('ay  for  the  time  neces- 
sarily employe  ':  Provided,  That  not  more  than  one  per  (iem  shall  be  allowel  in  a 
case,  unless  the  account  shall  show  that  the  hearing  could  not  be  complete  1  in  one 
day,  when  one  a  '<  itional  ])er  (iem  may  be  s])ecially  apjH-ove  !  an  i  allowe  1  by  the 
court:  Provided  further,  Tliat  not  more  than  one  jier  diem  shall  be  allowe  !  for  any  one 
day:  Provided  further,  Tiuit  no  per  diem  shall  be  allowed  for  taking  a  bond  or  recogni- 
zance and  passing  on  the  sufficiency  of  the  bond  or  recognizance  and  the  sureties 
thereon  when  the  bond  or  recognizance  wa«  taken  after  the  defendant  had  been  com- 


INSTRUCTIONS    TO    UNITED    STATES    COMMISSIONERS.  195 

mitted  to  prison  upon  a  final  commitment,  or  has  given  bon  1  or  been  recognize!  for 
his  appearance  at  court,  or  when  the  c^efen  ant  has  been  arrested  on  a  capias  or  bencli 
warrant  or  was  in  custody  under  any  process  or  order  oi  a  court  of  record. 

(n)  For  the  examination  anl  certificate  in  cases  of  application  for  discharge  of  poor 
convicts  imprisoned  for  nonpayment  of  fine  or  fine  an  i  costs,  an  1  all  services  con- 
necte  1  therewith,  three  dollars. 

(o)  For  attending  to  a  reference  in  a  litigated  matter,  in  a  civil  cause  at  law,  in 
equity,  or  in  a:'miralty,  in  pursuance  of  an  or  "er  of  the  court,  three  i'ollars  a  c'ay. 

(p)  For  taking  and  certifying  t'epositions  to  file  in  civil  cases,  ten  cents  for  each 
folio. 

(q)  For  each  copy  of  the  same  furnished  to  a  party  on  re([uest,  ton  cents  for  each 
folio. 

(/■)  For  issuing  any  warrant  un'er  the  tenth  article  of  the  treaty  of  August  ninth, 
eighteen  hun'rel  an'  forty-two,  between  the  Unite".  States  and  the  Queen  of  the 
United  Kingdom  of  Great  Britain  and  Ireland,  against  any  parties  charged  with  any 
crime  or  offense  set  forth  in  said  article,  two  dollars. 

(s)  For  issuing  any  warrant  un  "er  the  provision  of  the  convention  for  the  surren  er 
of  criminals  between  the  United  States  an  1  the  King  of  the  P'rench,  concludecl  at 
Washington,  November  ninth,  eighteen  hundre  1  and  forty-three,  two  dollars. 

(t)  For  hearing  and  deciding  upon  the  case  of  any  person  charged  \vith  any  ci-ime 
or  offense,  and  arrested  under  the  provisions  of  said  treaty  or  of  sai  1  convention,  five 
dollars  a  day  for  the  time  necessarily  employe  . 

(u)  Such  commissioners  shall  keep  a  complete  recor  of  all  proceedings  before  them 
in  criminal  cases,  in  a  well-bound  book,  which  record  book  shall  be  c'elivered  to  and 
preserved  by  the  clerk  of  the  •  istrict  court  for  sucdi  district  on  the  ('oath,  resignation, 
removal,  or  expiration  of  term  of  the  coniniisstoner,  for  which  recor  i  the  commissioner 
shall  receive  no  compensation. 

COMPLAINTS. 

978.  A  commissioner  is  entitled  to  a  fee  for  drawing  a  complaint 
although  the  paper  may  not  be  m  fact  drawn  by  him,  but  by  the 
special  counsel  for  the  Government.     (See  12  Comp.,  299.) 

979.  A  commissioner  is  entitled  to  the  statutory  fee  of  50  cents  for 
drawing  a  complamt  or  affidavit  m  connection  with  the  issuance  of 
a  search  warrant.     (See  19  Comp.,  798.) 

980.  A  commissioner  is  not  entitled  to  any  fees  hi  cases  wherein  the 
complaint  upon  which  the  warrant  of  arrest  was  issued  was  not  actu- 
ally sworn  to  before  him  or  some  other  officer  authorized  by  law 
to  admmister  oaths.     (See  6  Comp.,  147.) 

98 1 .  A  commissioner  has  no  authority  to  issue  a  warrant  on  the  com- 
plaint of  a  deputy  marshal  who  arrested  a  defendant  in  the  act  of 
operating  an  illicit  distillery,  the  complaint  not  having  been  approved 
by  the  district  attorney  before  the  warrant  was  issued,  and  he  is 
not  entitled  to  the  fees  therefor.     (See  4  Comp.,  338.) 

982.  A  commissioner  is  not  authorized  to  issue  a  warrant  of  arrest 
[in  an  internal-revenue  case]  upon  a  complamt  made  by  a  deput}^  mar- 
shal or  by  a  storekeeper  and  ganger  without  the  approval  of  the  dis- 
trict attorney.     (See  4  Comp.,  448.) 


196  IXSTKUCTIONS    TO    UNITED   STATES   COMMISSIONERS. 

983.  Under  the  act  of  May  28, 1896,  which  provides  that  no  warrant 
of  arrest  for  violations  of  the  internal-revenue  laws  shall  be  issued  upon 
the  complaint  of  a  private  citizen  '^  unless  first  aj) proved  in  ivriting" 
by  a  district  attorney,  the  issue  of  a  warrant  upon  a  complamt  made 
by  a  hold  deputy  marshal,  which  was  approved  by  the  district  at- 
t  )rnoy  l)y  telephone,  even  though  subsequently  reduced  to  writing, 
is  not  authorized.     (See  6  Comp.,  113.) 

COPIES  OF  COMPLAINTS. 

934.  A  certified  copy  of  the  complaint  should  be  attached  to  a  war- 
rant of  arrest.  Upon  the  arrest  of  the  accused  the  return  of  the  war- 
rant, with  said  copy  of  the  complaint  attached,  confers  jurisdiction 
upon  the  commissioner  or  other  qualified  judicial  officer  before  whom 
the  accused  is  brought  for  hearing,  as  fully  as  if  the  complaint  had  orig- 
inally been  made  before  him.  (See  28  Stat.  L.,  416.)  A  commissioner 
is  not  entitled  to  fees  for  copies  of  complaints  unless  they  are  actu- 
ally made  and  attached  to  the  warrants.     (See  6  Comp.,  147.) 

WARRANTS. 

985.  The  issuance  of  a  warrant  implies  the  delivery  of  the  same  to 
some  person  authorized  by  law  to  serve  it  and  a  commissioner  is  not  en- 
titled to  fees  for  preparing  a  warrant  which  is  not  so  delivered.  (See  4 
Comp.,  289.) 

956.  If,  in  an  examination  before  a  commissioner,  it  is  developed 
that  the  defendant  has  committed  an  offense  other  than  tliat  charged, 
he  may  be  held  for  the  additional  offense  without  issuing  a  warrant  of 
arrest  therefor.     (See  5  Comp.,  320.) 

957.  Warrants  of  arrest  or  other  writs  issued  by  a  commissioner  and 
delivered  for  service  to  a  person  not  authorized  by  law  to  serve  them 
are  not  legally  issued,  and  the  commissioner  is  not  entitled  to  fees 
for  issuing  them.  But  if  the  defendant  submits  to  the  jurisdiction  of 
the  commissioner  without  objection,  thereby  waiving  the  irregularity, 
acts  of  the  commissioner  subsequent  thereto  are  legal  and  he  is  en- 
titled to  the  fees  provided  therefor.     (See  5  Comp.,  863.) 

988.  A  commissioner  who  hears  the  case  of  a  defendant  brought  be- 
fore him  on  a  warrant  illegally  issued  by  another  commissioner  is  enti- 
tled to  the  fees  provided  by  law  for  his  services,  unless  the  fact  that  the 
warrant  was  illegally  issued  is  disclosed  ui)on  its  face.  (See  6  Comp., 
304.) 

989.  Under  tlie  laws  and  regulations  for  the  govennnent  of  tlie 
Navy,  a  commissioner  is  not  authorized  to  issue  a  warrant  for  the  arrest 
of  a  deserter  from  the  Navy.     (See  6  Comp.,  741.) 

990.  VVluu-e  a  defcnidant  is  brought  before  a  commissioner  upon  a 
warrant  charging  him  with  an  offense  committed  in  the  district,  and 


INSTRUCTIONS   TO   UNITED    STATES    COMMISSIONERS.  197 

discharged,  the  commissioner  is  entitled  to  fees  for  issuing  a  second 
warrant  upon  a  complamt  charging  him  with  another  offense.  (See  7 
Comp.,  798.) 

991.  Inspectors  of  customs  and  post-office  inspectors  are  not  author- 
ized to  execute  process,  and  a  commissioner  is  not  entitled  to  a  fee 
for  issuing  process  to  such  officers  for  execution.  (See  21  Comp.  MS., 
241;  18  Comp.,  197.) 

992.  A  commissioner  is  not  entitled  to  fees  for  issuing  more  than  one 
warrant  for  the  same  defendant  at  the  same  time,  although  the  of- 
fenses are  different.     (See  14  Comp.,  113.) 

993.  Commissioners  are  not  entitled  to  fees  for  issumg  extra  war- 
rants or  copies  thereof  where  there  is  but  a  suigle  charge  and  a  single 
complaint  sworn  to  against  the  same  defendant,  such  additional  copies 
being  in  substance  mere  copies  of  the  originals,  for  which  no  fees  are 
provided  by  the  commissioner's  fee  bill.     (See  16  Comp.,  333.) 

994.  A  commissioner  is  not  entitled  to  fees  for  issuing  a  ' '  John  Doe  " 
warrant,  unless  the  warrant  contains  a  sufficient  description  of  the 
defendant  to  enable  the  marshal  to  identif}'  him.  (See  16  Comp., 
891.) 

995.  Warrants  of  arrest  for  violations  of  internal-revenue  laws  may 
be  issued  by  commissioners  upon  the  sworn  complaint  of  a  district  at- 
torney, assistant  district  attorney,  collector  or  deputy  collector  of  in- 
ternal revenue,  or  revenue  agent  or  private  citizen;  but  no  such  war- 
rant of  arrest  shall  be  issued  upon  tlie  sworn  complaint  of  a  private 
citizen  unless  first  approved  in  writing  by  a  district  attorney.  (See 
29  Stat.,  184.) 

996.  A  commissioner  is  entitled  to  the  fee  of  75  cents  for  issuing  a 
search  warrant.  (See  (^mp.  to  Attorney  General,  Jan.  14,  1916,  and 
Comp.  to  Auditor,  Feb.  1,  1916.) 

BONDS  AND  COMMITMENTS. 

997.  When  charges  are  made  for  issuing  a  commitment  and  for 
drawing  a  bond  in  the  same  case  on  the  same  day,  the  necessity  for  the 
commitment  must  be  shown. 

BAIL  BOND. 

998.  A  commissioner  is  not  entitled  to  a  fee  for  taking  more  than  one 
temporary  bond  from  the  same  defendant  in  the  same  case.     (See  10 

Comp.,  628.) 

999.  Section  1014  of  the  Revised  Statutes,  which  provides  that  the 
proceedings  for  the  arrest,  imprisonment,  or  bailing  of  a  person 
charged  with  an  offense  against  the  United  States  shall  be  assimi- 
latecl  to  the  practice  under  the  State  statutes,  does  not  relate  to  the 
manner  in  which  a  forfeited  bad  bond  shall  be  collected,  and  a  com- 
missioner is  not  entitled  to  fees  for  services  rendered  in  enforcement 
of  payment  of  such  a  bond.     (See  3  Comp.,  595.) 


198  INSTRUCTIOXS    TO    UNITED    STATES   COMMISSIONERS. 

1000.  The  commissioner  before  whom  a  case  is  pending  in  connec- 
tion with  which  a  l)ond  is  drawn  and  who  finally  passes  upon  its  suffi- 
ciency is  entitled  to  the  fee  of  75  cents  for  "  drawing  a  bond  of  defend-' 
ant  and  sureties,  taking  acknowledgment  of  same  and  justification 
of  sureties,"  though  the  defendant  may  procure  the  acknowledg- 
ment of  the  sureties  to  the  bond  before  another  officer.  (See  4  Comp., 
472.) 

COMMITMENT. 

1001.  A  commissioner  will  not  })e  allowed  fees  for  issuing  a  tempo- 
rar}^  commitment  for  the  custody  of  a  defendant  for  part  of  a  day 
only,  except  in  extraordinary  cases,  showing  the  necessity  therefor,  as 
it  is  ordinarily  the  duty  of  the  marshal  to  keep  the  defendant  in  cus- 
tody.    (See  2  Comp.,  382.) 

1002.  Only  one  commitment,  either  temporary  or  final,  is  necessary 
to  commit  the  defendant  for  examination  or  trial,  although  he  is  held 
for  two  or  more  offenses.     (See  5  Comp.,  320.) 

1003.  Where  a  defendant  who  has  been  arrested  on  a  capias  issued 
by  a  United  States  court  is  brought  before  a  commissioner  to  give 
bail,  the  commissioner  is  authorized  to  commit  the  defendant  in 
default  of  bail,  and  if  the  capias  does  not  contain  a  mittimus  for  the 
defendant  the  commissioner  is  entitled  to  the  fee  provided  by  law  for 
issuing  the  writ.     (See  8  Comp.,  414.) 

1004.  When  a  commissioner  has  finally  committed  a  defendant  for 
trial,  he  is  without  authority  to  order  his  removal  from  one  jail  and 
recommit  him  to  another,  and  he  is  not  entitled  to  fees  for  issuing  a 
second  commitment  for  that  purpose.     (See  9  Comp.,  111.) 

WITNESSES. 
SUBPOENAS. 

1005.  A  sul)po'na  issued  by  a  connnissioner  does  not  run  <.)utsi(k>  of 
the  district  of  the  commissioner  who  issued  it.     (See  8  Comp.,  276.) 

1000.  A  (hstrict  court  is  authorized  to  issue  a  subpoena  for  a  witness 
residing  outside  of  the  district  of  a  commissioner  to  aj^pear  before 
him.     (See  9C(mip.,  86.) 

1007.  A  commissioner  is  not  authorized  to  issue  a  subpcrna  for  a 
witness  residing  outside  of  his  district,  and  a  witness  attending  before 
a  commissioner  upon  a  subpoena  issued  by  him  is  entitled  to  mileage 
for  travel  within  his  district  only.     (See  9  Comp.,  121.) 

1008.  A  commissioner  is  not  entitled  to  fees  for  issuing  subpoenas 
for  defendant's  witnesses.  (See  Comp.  MS.  in  re  McDowell,  dated 
Dec.  28,  1906.) 

1009.  A  commissioner  is  not  entitled  to  fees  for  issuing  subpoenas 
when  same  are  not  delivered  to  a  person  authorized  by  law  to  serve 
the  same.     (See  19  Comp.,  592.) 


INSTRUCTIONS    TO    UNITED    STATES    COMMISSIONERS.  199 

OATHS. 

1010.  A  commissioner  is  authorized  by  law  to  administer  oaths 
generally,  and  is  entitled  to  the  fee  of  10  cents  therefor.  (See  29 
Stat.  L.,  184.) 

*  1011.  A  commissioner  is  entitled  to  the  fee  of  10  cents  for  adminis- 
tering an  oath  to  a  defendant  when  he  is  sworn  as  a  witness  in  his 
own  behalf.     (See  4  Comp.,  324.) 

1012.  A  commissioner  is  entitled  to  the  fee  of  10  cents  for  swear- 
ing the  defendant  in  a  case  arising  under  the  Chinese  exclusion  act 
who  acts  as  a  witness  in  his  own  behalf.     (See  5  Comp.,  79.) 

1013.  A  commissioner  is  entitled  to  fees  for  administering  oaths  to 
defendant's  witnesses.  (See  Comp.  MS.  in  re  McDowell,  dated  Dec. 
28,  1906.) 

1014.  When  a  witness  is  once  sworn  upon  the  preliminary  examin- 
ation of  a  case  it  is  not  necessary  that  he  be  again  sworn  at  an 
adjourned  hearing  of  the  same  case.     (See  10  Comp.,  628.) 

1015.  A  commissioner  is  entitled  to  fees  for  administering  oaths  to 
witnesses  who  attend  before  him  as  to  their  attendance  and  travel, 
although  such  witnesses  reside  at  the  place  of  hearing  and  said  com- 
missioner is  cognizant  of  that  fact.     (See  18  Comp.,  180.) 

COMPENSATION,  AND  PAYMENT  OF. 

1016.  In  no  case  shall  the  fees  of  more  than  four  witnesses  in  the 
examination  of  a  criminal  case  before  a  commissioner  be  taxed  against 
the  United  States,  unless  their  materiality  and  importance  are  first 
approved  and  certified  to  by  the  district  attorney.  (Sec.  981,  R.  S. 
U.  S.) 

1017.  A  commissioner  is  not  authorized  to  issue  a  subpoena  for 
witnesses  outside  of  his  district.  A  witness  attendmg  upon  a  sub- 
poena so  issued  is  entitled  to  mileage  within  the  commissioner's 
district  only.     (9  Comp.,  121.) 

1018.  United  States  marshals  are  not  authorized  to  pay  the  fees  of 
witnesses  subpoenaed  on  behalf  of  the  defendant  in  Chinese  exclusion 
cases  pending  before  a  commissioner.     (See  6  Comp.  MS.,  9.) 

1019.  Witnesses  before  commissioners  in  any  district  are  entitled 
to  only  $1.50  per  day  for  attendance  and  5  cents  per  mile  for  travel. 
They  are  not  entitled  to  double  or  constructive  mileage  for  attend- 
ance in  different  cases  on  the  same  day.  (Sec.  848,  R.  S.  U.  S.,  and 
35  Stat.  L.,  377.) 

1020.  When  a  witness  is  detained  in  prison  for  want  of  security  for 
his  appearance,  he  is  entitled  in  addition  to  his  subsistence  to  a  com- 
pensation of  $1  per  day.     (See  sec.  848,  R.  S.  U.  S.) 

1021.  A  person  convicted  of  crime  brought  before  a  commissioner 
to  testify  as  a  witness  is  not  entitled  to  mileage  or  fees.  (See  9 
Comp.  MS.,  860.) 


200  INSTRrCTIONS    TO    l-XriKD    STATES    COMMISSIONERS. 

1022.  A  person  in  custody  awaitiiii!;  trial  for  an  alleged  offense, 
attending  before  a  commissioner  as  a  witness,  is  entitled  to  the  usual 
fees.     (See  6  Comp.,  588.) 

1023.  A  witness  who  attends  under  subpoenas  on  behalf  of  the  United 
States  before  the  same  commissioner  on  the  same  day  in  two  or  more 
cases  against  different  defendants,  and  is  sworn  and  testifies  in  each 
case,  is  entitled  to  a  separate  per  diem  in  each  case,  but  is  entitled  to 
only  one  mileage.      (See  14  Comp.,  378.) 

PAY  ROLLS. 

1024.  Blank  forms  for  ))ay  rolls  must  be  procured  by  commis- 
sioners at  their  own  expense. 

1025.  These  rolls  should  be  on  paper  8i  by  14  inches,  and  in  the 
form  shown  on  page  202.  They  should  be  transmitted  to  the  marslial 
immediately  after  the  close  of  a  case. 

1026.  Signatures  by  cross  mark  must  be  attested  by  some  person 
who  is  not  interested  in  the  payment.  Neither  the  commissioner  nor 
the  deputy  marshal  should  attest  such  signatures, 

1027.  The  proper  expenses  actually  and  necessarily  incurred  by  dep- 
uty collectors  of  internal  revenue,  under  section  850,  Revised  Statutes, 
in  attending  as  witnesses  on  behalf  of  the  United  States  upon  prelimi. 
nary  examinations  before  commissioners  in  internal-revenue  cases, 
in  obedience  to  subpoenas,  are  payable  from  the  appropriation  ' '  Fees 
of  Witnesses,  United  States  Courts."     (See  16  Comp.,  838.) 

1028.  Form  2-08,  in  cases  of  actual  expense  witnesses  before 
commissioners,  should  be  attached  to  the  regular  commissioners' 
pay  roUs  and  the  amount  of  such  expenses  included  in  the  aggregate 
amount  ordered  paid  by  the  commissioner. 

HEARINGS. 

1029.  A  commissioner  is  not  entitled  to  a  per  diem  fee  for  hearing 
and  deciding  on  criminal  charges  in  the  following  instances : 

(a)  When  the  only  action  taken  is  to  admit  the  defendant  to  bail  tor  appoaraucp 
before  another  commiasioner  for  heirins:.     (See  2  Comp.,  28 1 .) 

(6)  Merely  for  services  rendered  \uider  section  1019.  R.  S.  U.  S.,  preliminary  to 
taking  new  bonds  of  defenchmts  who  had  previously  e:iven  bonds  for  appearance  in 
court.     (See  4  Comp..  4G5.) 

(c)  For  deciding  only,  on  the  second  day,  a  case  in  which  (he  hearing  had  been 
fully  completed  on  the  first  day.     (See  4  Comp.,  472.) 

(d)  Merely  for  taking  bonds  of  defendants  under  indictment.     (See  J8  Comp.,  444.) 

(e)  When  the  only  service  was  the  taking  and  certifying  of  depositions.  (See 
(lomp.  MS.  in  re  Reed,  dated  Oct.  10,  1914.) 

1030.  The  examination  of  witnesses  is  not  a  necessary  condition  to  a 
preliminary  examination  before  a  commissioner  and  where  a  defendant 
waives  examination  and  is  held  for  trial  the  "hearing  and  deciding" 
is  complete.     (See  7  Comp.,  578.) 


INSTKUCTIONS    TO    UNITED    STATES    COMMISSIONERS.  201 

CONTINUANCES. 

1031.  When  it  is  necessary  to  continue  the  hearing  of  a  case  to 
another  day,  the  account  must  show  why  it  could  not  be  completed 
in  one  day.  Such  showing  should  be  made  on  the  page  of  the  account 
on  which  the  charges  in  the  case  appear. 

1032.  When  a  per  diem  is  claimed  in  a  case  which  has  been  con- 
tinued from  a  prior  quarter,  the  account  should  show  the  date  for 
which  a  per  diem,  if  any,  has  been  previously  claimed,  as  well  as  the 
necessity  for  the  continuance. 

DISCHARGE  OF  POOR  CONVICTS  UNDER  SECTION  1042,  R.  S.  U.  S. 

1032a.  Accounts  containing  charges  for  discharging  poor  convicts 
must  show  clearly  the  date  on  which  the  notice  of  the  filing  of  the 
application  was  transmitted  to  the  district  attorney,  the  date  of  com- 
mitment to  serve  sentence,  the  period  of  imprisonment,  if  any,  named 
in  the  sentence,  the  amount  of  fine  and  costs  adjudged  against  the 
defendant,  and  the  date  of  discharge.  (See  Comp.  to  Atty.  Gen., 
Jan.  28,  1916.) 


202 


IXSTRUCTIOXS   TO    UNITED   STATES   COMM 


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INSTRUCTIONS    TO    UNITED    STATES    COMMISSIONERS.  203 

TRANSCRIPTS. 

1033.  A  comniissioucr  is  not  entitled  to  fees  for  making  a  tran- 
script of  proceedings  in  the  following  instances : 

(a)  111  proceedings  under  the  Chinese  exclusion  acts  where  defendants  have  been 
discharged,  notwithstanding  they  may  have  Ijeen  made  under  a  general  order  of 
court.     (See  8  Comp..  760.) 

(6)  In  Chinese  exclusion  cases  from  which  no  appeal  has  been  taken,  notwithstand- 
ing the  existence  of  an  order  of  court  requiring  them.     (See  21  Comp.  MS.,  214.) 

(c)  In  cases  wherein  the  defendant  has  not  been  arrested,  unless  required  by  rule 
or  order  of  court.     (See  11  Comp.,  28.) 

(d)  Where  the  only  service  performed  is  the  taking  and  certifying  of  depositions. 
(See  Comp.  MS.  in  re  Reed,  dated  Oct.  10,  1914.) 

(e)  Where  the  only  services  performed  were  the  drawing  of  affidavits  or  complaints 
for  search  warrants  and  issuing  search  warrants.  (See  Comp.  MS.  in  re  Bloodgood, 
dated  July  17,  1914.) 

1034.  A  commissioner  is  entitled  to  fees  for  making  a  transcript  of 
proceedings  in  a  case  where  the  defendant  is  discharged  as  well  as  in  a 
case  where  he  is  held,  when  the  rule  of  court  requiring  the  transcript, 
and  the  practice  thereunder,  requires  the  making  of  the  transcript 
in  both  cases.     (See  2  Comp.,  67.) 

TEANSCEIPT  IN  REMOVAL  PROCEEDINGS. 

1035.  When  charge  is  made  for  making  transcript  of  proceedings 
in  a  removal  case,  the  account  should  show  to  which  court  the  tran- 
script is  sent,  i.  e.,  whether  to  the  court  in  the  district  to  which  the 
defendant  is  held  for  removal  or  to  the  court  in  the  district  in 
which  the  commissioner  who  heard  the  case  is  located. 

1036.  If  the  transcript  in  a  removal  case  is  sent  to  the  court  of  the 
district  in  which  the  commissioner  who  heard  the  case  is  located,  the 
commissioner's  account  should  show  whether  a  rule  of  court  exists 
specifically  requiring  such  action.     (See  21  Comp.,  685.) 

MISCELLANEOUS  MATTERS. 
ARREST  OF  DEFENDANT. 

1037.  When  a  defendant  is  brought  before  a  commissioner  otherwise 
than  upon  a  commissioner's  warrant,  the  account  should  show  how  the 
commissioner  acquired  jurisdiction,  i.  e.,  whether  under  a  capias,  upon 
surrender  of  defendant  by  sureties,  or  otherwise. 


204  l.NSIHrC'l  IONS    JO    r.MTKl)    STATKS    COMMISSIONERS. 


CONSTRUCTIVE  FEES. 

1038.  The  act  of  May  28,  1898,  which  prescribes  fees  for  services  ren- 
dered by  commissioners,  provides  that  they  shall  be  entitled  to  the 
fees  therein  specified  ''and  none  other,"  and  thus  prohibits  the  allow- 
ance of  all  constructive  fees.     (See  4  Comp.,  239.) 

CONTEMPT. 

1039.  The  power  to  punish  for  contempt  is  not  conferred  upon  com- 
missioners by  law,  nor  can  such  power  be  given  by  a  rule  of  court. 
(See  2  Comp.,  222.) 

DISPOSITION  OF  PROCESS. 

1040.  All  writs  issued  by  commissioners  for  service  must  be  sent  to  the 
marshal's  office  to  be  docketed,  and  not  handed  directly  to  the  officer 
who  is  to  serve  the  same,  except  in  cases  wherein  the  delay  caused  by 
sending  the  writ  to  the  marshal's  office  would  permit  the  defendant  to 
escape  or  would  materially  increase  the  expense  of  the  proceedings,  or 
when  for  some  other  good  reason  it  is  desirable  that  the  writ  be  served 
without  delay.  In  such  case  the  emergency  must  be  real,  fidly  shown 
in  the  account,  and  explained  in  the  docket. 

INTERPRETERS. 

1041.  The  administration  of  oaths  and  the  issuing  of  certificates  by  a 
commissioner  to  interpreters  as  to  their  attendance  before  him  are 
unnecessary,  and  the  commissioner  is  not  entitled  to  fees  therefor. 
(See  5  Comp.,  857.) 

JOINT  OFFENDERS. 

1042.  When  two  or  more  defendants  are  charged  with  having  com- 
mitted an  offense  at  the  same  time  and  place,  they  should  be  joined  m 
one  case  and  one  complaint  drawn.  If  necessary,  however,  separate 
warrants  of  arrest  may  be  issued,  in  which  case  the  necessity  therefor 
should  be  shown  in  the  account. 

1043.  If  apparently  joint  offenders  are  not  actually  such,  this  fact 
should  be  affirmatively  stated  in  the  commissioner's  account. 

JUSTICE  OF  THE  PEACE  ACTING  AS  COMMITTING  MAGISTRATE. 

1044.  When  a  justice  of  the  peace  acts  as  a  committmg  magistrate 
under  the  provisions  of  section  1014,  R.  S.  U.  S.,  he  should  charge 
the  same  fees  as  commissioners  for  like  services  and  render  his 
accounts  in  the  same  manner  and  form.     (See  20  Comp.,  091.) 


INSTRUCTIONS    TO    UNITED    STATES    COMMISSIONERS.  205 

MANDATES. 

1045.  There  is  no  provision  of  law  compensating  commissioners  for 
issuing  warrants  or  mandates  to  bring  prison(»rs  ])efore  them  to  give 
bail.     (See  9  Comp.,  226.) 

1046.  A  commissioner  is  entitled  to  tlie  fee  of  15  cents  for  enter- 
ing a  return  on  a  mandate.     (See  9  Comp.,  226.) 

OATHS  TO  EXPENSE  ACCOUNTS. 

1047.  Under  the  provisions  of  the  act  of  August  24,  1912,  a  com- 
missioner may  not  charge  in  his  accounts  fees  for  admmistering  oaths 
to  expense  accounts.     (See  Comp.  MS.  in  re  Adams,  July  3,  1915.) 

PENALTY  ENVELOPES. 

1048.  All  correspondence  which  commissioners  are  required  bylaw  to 
conduct  as  commissionars  may  be  transmitted  in  the  mails,  free  of 
postage,  under  cover  of  penalty  envelopes. 

REFERENCE  OF  A  LITIGATED  MATTER. 

1049.  When  fees  are  charged  for  attending  to  a  reference  in  alitigated 
matter,  a  copy  of  the  order  of  reference  should  be  attached  to  the 
account. 

1050.  A  commissioner  who  is  appointed  by  the  court  as  a  special 
referee  m  a  case  in  which  the  United  States  is  plaintiff  can  be  allowed 
only  the  fee  of  $3  a  day  for  "attendhig  to  a  reference  in  a  litigated 
matter."  (See  4  Comp.,  400.)  But  this  does  not  exclude  fees  pro- 
vided by  the  commissioner's  fee  bill  for  other  services  rendered  in  the 
case.     (See  5  Comp.,  87.) 

REMOVAL  OF  DEFENDANTS. 

1051.  Sections  1014  and  1029,  R.  S.  U.  S.,  provide  a  complete 
mode  of  procedure  for  the  commitment  and  removal  of  an  offender 
committed  in  a  district  other  than  that  where  the  offense  is  to  be 
tried,  and  the  commissioner  of  the  district  to  which  the  offender  is 
removed  is  not  entitled  to  fees  for  proceedings  had  before  him,  such 
proceedings  bemg  without  authority  of  law.     (See  7  Comp.,  578.) 

1052.  (For  transcripts  in  removal  proceedings  sec  pare.  1035  and 
1036,  ante.) 

STATE  PRACTICE. 

1053.  Under  section  1014,  R.  S.  U.  S.,  which  provides  for  the  arrest 
of  certain  offenders,  it  is  a  well-settled  rule  that  commissioners  musi 
conform  to  the  practice  prescribed  by  the  statutes  of  the  State  wherein 
the  arrest  is  made,  without  regard  to  the  fees  to  be  earned  by  them. 
(See  5  Comp.,  172;  also  10  Comp..  340.) 


206  INSTRUCTIONS    TO    UNITED    STATES    COMMISSIONERS. 

STENOGRAPHER. 

1054.  If  a  comraissioiier  eiiiploys  a  stenographer  to  assist  in  the  tak- 
ing and  transcribing  of  depositions,  testimony,  or  otherwise,  it  must 
be  at  his  own  expense. 

SURRENDER  OF  DEFENDANTS  BY  SURETIES. 

1055.  Commissioners  are  authorized  to  accept  the  surrender  of  de- 
fendants by  sureties  only  durmg  vacation  of  the  court  to  which  such 
defendants  are  bound.  The  facts  as  to  the  vacation  of  the  court 
should  be  aflirmativolv  shown  in  the  account,  (See  sec.  1018,  R.  S. 
U.  S.) 

TESTIMONY. 

1056.  The  per  diem  fee  of  $5  is  the  only  compensation  provided 
for  reducing  testimony  to  writing.     (See  4  Comp.,  289.) 

EXTRADITION  CASES. 

1057.  Oulv  th'>so  commissioners  wlio  are  specially  authorized  by 
the  court  have  jurisdiction  in  extradition  cases.  Evidence  of  sucli 
authorization  must  be  furnished. 

1058.  Charges  for  services  rendered  in  such  cases  should  be  in- 
cluded in  the  regular  quarterly  accounts.  The  fees  chargeable  are 
those  prescribed  in  the  commissioner's  fee  bill.     (See  14  Comp.,  693.) 

1059.  The  allowance  of  a  commissioner's  fees  in  an  extradition  case, 
charged  in  an  account  covering  the  quarter  during  which  the  case 
was  concluded,  will  be  made  only  after  the  commissioner  has  trans- 
mitted to  the  department  an  itemized  and  certified  statement  sht)w- 
ing  the  fees  and  costs  of  every  initure  in  such  case,  including  his 
own  fees,  the  fees  and  (\\])eiises  of  the  marshal,  fees  of  witnesses, 
cost  of  support  of  prisoner  or  prisoners,  and  all  other  expenses 
incurred  therein  by  the  United  States.  Such  statement  of  costs  is 
separate  and  disthict  from  the  quarterly  account,  and  should  ])e 
prepared  and  forwarded  as  soon  as  the  (otal  costs  in  {\\c  cast'  have 
been  ascertained. 

1060.  If  it  is  found  necessary  to  (Mnj)loy  an  intiMprc^tcr  in  an  extra- 
dition (rase,  the  matter  should  ])e  taken  u])  with  the  district  attoi-nev. 
who  will  make  the  necessary  arrangements. 

1061.  In  case  the  re})resentative  of  the  foreign  (iovernment  desires 
to  employ  a  st(Miogra])her  to  expedite  the  hearing.  th(^  stenogra])her 
should  be  ])aid  by  such  represent ativ(>  and  not  by  th(>  coinnussioner 
or  the  marslial. 


INSTEUCTIONS    TO    UNITED    STATES    COMMISSIONERS.  207 

1062.  No  money  should  ])e  reeeiv^cd  by  the  commissioner  from  any 
source  other  than  the  United  States  on  account  of  fees  or  expenses  of 
any  character  in  connection  with  extradition  cases. 

1063.  A  commissioner  can  issue  a  warrant  in  an  extradition  case 
which  will  run  into  another  district,  but  the  defendant  can  not  be 
returned  to  the  commissioner  who  issued  the  warrant  without  a  hear- 
ing in  the  district  where  he  was  arrested.     (See  194  U.  S.,  20,5.) 

1064.  When  a  commissioner  is  engaged  in  hearing  and  deciding  a 
criminal  charge  and  also  a  case  under  the  extradition  treaty  between  the 
United  States  and  Great  Britain  on  the  same  day  he  is  entitled,  in 
addition  to  the  per  diem  fee  allowed  by  the  commissioner's  fee  bill 
for  hearing  and  deciding  on  criniinal  charges,  to  S5  per  day  for  the 
time  necessarily  employed  in  hearing  and  deciding  the  case  under 
said  treaty.     (See  IS  Comp.,  118.) 

CHINESE-EXCLUSION  CASES. 

1065.  No  warrant  of  arrest  for  violations  of  the  Chinese-exclusion 
laws  shall  be  issued  by  a  commissioner  except  upon  sworn  complaint 
of  a  district  attorney,  assistant  district  attorney,  collector,  deputy 
collector,  or  inspector  of  customs,  immigration  inspector,  marshal,  or 
deputy  marshal,  or  Chinese  inspector,  unless  the  issuing  of  such  war- 
rant shall  first  be  approved  or  requested  in  writing  by  the  district 
attorney  of  the  district  in  which  issued.  (See  act  Mar.  8,  1901,  31 
Stat.  L.,  1093.) 

1066.  For  services  arising  under  the  Chinese-exclusion  laws  a  com- 
missioner is  entitled  to  the  fee  of  S5  provided  by  the  act  of  March  3, 
1901,  for  "hearing  and  deciding,"  and  to  the  fees  provided  by  the  act 
of  May  28,  1896,  for  drawing  complaints,  issuing  process,  and  for 
other  miscellaneous  services  rendered  in  each  case.  (See  8  Comp., 
195.) 

1067.  The  fee  of  $5  provided  by  the  act  of  March  3,  1901,  for  com- 
missioners ''for  hearing  and  deciding  a  case  arising  under  the  Chinese- 
exclusion  laws"  is  not  a  case  fee  or  a  per  diem  fee,  but  is  a  specific 
fee  chargeable  in  each  case  only  upon  the  rendition  of  judgment. 
(See  8  Comp.,  195.) 

1068.  If  a  commissioner  suspends  judgment  in  a  Chinese-exclusion 
case  to  enable  the  defendant  to  present  further  evidence,  there  is 
no  final  judgment  rendered  by  him,  and  he  is  not  entitled  to  the  fee 
provided  by  law  for  hearing  and  deciding.     (See  9  Comp.,  171.) 

1069.  If  a  defendant  in  a  Chinese-exclusion  case  gives  bond  for  his 
appearance  before  a  commissioner  for  trial  and  afterwards  defaults 
and  forfeits  his  bond,  and  the  commissioner  certifies  such  facts  to 
the  district  court*  which  thereupon  issues  a  writ  of  scire  facias  for 
the  collection  of  the  penalty  upon  the  bond,  the  commissioner  is  not 


208  INSTRUCTIONS    TO    UNITED    STATES   COMMISSIONERS. 

entitled  to  the  fee  of  $5  for  "'hejiriufy  uiul  deciding"  a  case.      (Sec  9 
Comp.,  649.) 

1070.  (For  transcripts  in  Chinese-exclusion  cases  see  par.  1033.) 

DOCKETS  AND  PAPERS. 

1071.  Section  21  of  the  act  of  May  28,  1896,  requires  that  a  commis- 
sioner's docket  shall  be  a  "complete  record."  Outgoing  commis- 
sioners must  deliver  this  docket  to  the  clerk  of  the  district  court. 
See  par.  977  u.  All  items  of  service  should  be  recorded  when  the 
services  are  rendered.  The  record  of  proceedings  shown  by  the 
docket  should  cover  for  each  case: 

(a)  Name  of  defendant. 

(b)  Name  and  title  (if  any)  of  person  making  oomplaiiii. 

(c)  Date  of  approval  of  complaint  by  district  attorney,  if  such  approNal  is  necessary. 

(d)  Nature  of  offense  charged,  with  the  place  and  date  of  its  alleged  commission. 

(e)  Place  and  date  of  arrest. 
(/)  Dispo.sition  of  case. 

(</)  Name  and  residence  of  each  witness  for  whom  subpoena  is  issued  or  who  is 
sworn,  with  information  as  to  whethei  each  is  subpoenaed  for  the  Ignited  States  or  for 
the  defendant. 

(h)  Name  and  residence  of  each  surety. 

(0  Neces.sity  for  each  continuance. 

(j)  The  date  and  nature  of  each  item  of  service  in  the  case,  an  entry  of  the  return 
made  by  the  marshal  on  each  writ,  and  all  other  material  facts. 

1072.  If  a  rule  of  court  requires  the  transmission  of  the  original 
papers  to  court,  they  should  be  sent  up  immediately  after  the  close 
of  the  hearing,  unless  otherwise  directed. 

1073.  When  original  papers  are  not  sent  to  court,  they  should  be 
carefully  filed  in  an  orderly  manner,  all  the  papers  in  <each  case  in  a 
separate  package.     The  use  of  file  boxes  is  desirable. 

1074.  Books,  blank  forms,  stationery,  dockets,  etc.,  must  be  ob- 
tained by  commissioners  at  their  own  expense.  They  are  not  fur- 
nished by  the  Government. 

EXPLANATIONS. 

1075.  Kcsponses  to  requests  by  the  Department  of  Justice  for  infor- 
mation relative  to  accounts  should  be  made  in  duplicate.  The}' 
should  be  addressed  to  the  Chief,  Division  of  Accounts,  Department 
of  Justice. 

1076.  Explanations  to  ftuspensiom  by  the  Auditor  for  the  State  and 
Other  Departments  should  be  sent  to  the  auditor.     They  are  not 


INSTRUCTIONS    TO    UNITED    STATES    COMMISSIONERS.  209 

required  in  duplicate.     They  should   be  dated,  post-office    address 
given,  and  supported  by  the  followhig  certificate: 

I  hereby  certify  that  the  foregoing  statement  is  true  and  correct. 

(Signed)  -.---. 


1077.  Explanations  of  items  disallowed  by  the  auditor  should  be 
sent  to  the  Comptroller  of  the  Treasury,  if  a  revision  of  the  auditor's 
action  is  desired.  The  disallowance  of  an  item  concludes  the  auditor's 
action,  i.  e.,  is  final. 

1078.  All  the  items  suspended  by  the  auditor  in  a  given  account 
should  be  explained  at  one  time,  but  explanations  pertaining  to  differ- 
ent accounts  should  be  made  in  separate  communications.  Accounts 
should  be  designated  or  referred  to  by  certificate  number  and  period. 

1079.  Suspended  items  should  be  considered  in  regular  order  and 
designated  by  specifying  the  item  number  and  the  amount  claimed. 
Conceded  items  shoidd  be  so  indicated  and  the  exact  amount  con- 
ceded stated. 

1080.  Items  suspended  and  remaining  unexplained  for  one  year 
will  be  disallowed  by  the  auditor. 

1081.  Interrogatories  from  this  Department,  statements  of  suspen- 
sions and  disallowances  by  the  auditor,  copies  of  answers  thereto, 
and  other  correspondence  relating  to  a  commissioner's  accounts, 
should  b(^  cju-efully  filed  in  his  office,  separate  from  other  matters. 

APPEALS  TO,  AND  REQUESTS  FOR  DECISIONS  BY, 
THE  COMPTROLLER  OF  THE  TREASURY. 

1082.  Payment  accepted  under  settlement  by  the  auditor  precludes 
the  person  so  accepting  from  obtaining  a  revision. 

1083.  If  items  disallowed  have  been  repaid  and  deposited,  and  the 
auditor  has  balanced  and  closed  the  account,  revision  of  such  items 
can  not  be  obtained,  there  being  no  outstanding  difference. 

1084.  The  comptroller  is  without  jurisdiction  to  consider  items 
standing  suspended  by  the  auditor. 

1085.  Application  may  be  made  to  the  Comptroller  of  the  Treasury 
for  his  decision  upon  any  question  involving  a  payment  to  be  made, 
or  (within  one  year  after  date  of  settlement)  a  decision  on  items  dis- 
allowed by  the  auditor.  After  the  expiration  of  a  year  following 
settlement,  appeal  for  revision  may  only  be  made  to  the  auditor,  based 
upon  presentation  of  new  facts. 

1086.  A  copy  of  each  request  for  a  decision  whether  an  appeal  from 
a  settlement,  or  the  submission  of  a  question  involving  a  proposed 

895—16 14 


210  INSTEUCTIONS   TO    UNITED   STATES   COMMISSIONERS. 

payment,    should   bo    at   once    transmitted    to    the   Department    of 
Justice. 

1087.  Appeals  to  the  comptroUer  should  state: 

(a)  The  name  and  address  of  the  person  whose  account  is  to  be  revised. 

(6)  The  nature  of  the  account  and  the  number  and  date  of  certificate  of  settlement. 

(c)  The  specific  items  on  which  decision  is  desired. 

(d)  The  objections  to  the  auditor's  disaUowance  and  why  the  items  are  belicAcd  to 
be  allowable. 

Note. — ^\Vhen  application  for  revision  is  made  upon  items  part  of  wliich  have  been 
allowed  by  the  auditor  the  warrant  issued  in  payment,  if  anj%  must  be  transmitted  to 
the  comptroller  with  the  application. 


APPENDIX. 

DIRECTIONS  OF  THE  DEPARTMENT  OF  STATE  AS 
TO  THE  PREPARATION  OF  PASSPORT  APPLI- 
CATIONS. 

1.  EXERCISE  OF  CARE. 

Clerks  of  courts  who  take  passport  applications  are  urged  to 
exercise  the  utmost  care,  not  only  to  prevent  errors  in  the  preparation 
of  the  applications,  but  to  satisfy  themselves  tJiat  the  applicants  and 
their  witnesses  are  the  persons  they  represent  themselves  to  he,  and  that 
their  statements  are  true.  In  any  case  where  a  clerk  of  a  court  is  not 
satisfied  as  to  the  identity  of  the  applicant  or  his  witness,  or  of  the 
truth  of  the  statements  made  by  them,  he  should,  in  sending  the 
application  to  the  Department  of  State,  accompany  it  with  a  letter 
stating  fully  the  facts  and  circumstances  and  his  reason  for  doubt- 
ing the  hona  fides  of  the  application. 

2.  EVIDENCE  OF  CITIZENSHIP. 

A  person  born  in  the  United  States  in  a  place  where  births  are 
recorded  should  accompany  his  application  with  a  birth  certificate. 
A  native  American  citizen  who  can  not  obtain  a  birth  certificate 
because  the  records  of  births  are  incomplete  or  have  been  destroyed, 
should  accompany  his  application  with  affidavits  of  his  parents,  or 
the  physician  who  attended  his  birth,  or  some  other  reputable 
person  having  actual  knowledge  of  the  place  and  date  of  his  birth. 
Naturalized  citizens  must  submit  their  naturalization  certificates. 
See  sections  6  and  8  of  the  passport  rules. 

3.  APPLICATIONS  OF  MARRIED  WOMEN. 

It  is  important  to  observe  that  the  citizenship  of  a  married  woman 
is  merged  in  that  of  her  husband.  Therefore,  married  women  should 
state  in  their  applications  whether  their  husbands  (and  not  their 
fathers)  are  native  or  naturalized  citizens  of  the  United  States.  A 
married  woman  whose  husband  claims  American  citizenship  by  virtue 
of  his  father's  naturalization  should  state  in  her  application  when  and 
where  her  husband  was  born  and  when  he  came  to  the  United  States 
for  permanent  residence,  and  submit  with  the  application  the  natural- 
ization certificate  of  her  husband's  father. 

211 


212  AFI'KNDIX. 

4.   APPLICATIONS  OF  PERSONS  BORN  ABROAD  OF  AMERICAN 
PARENTS. 

Persons  (including  unmarried  women)  Ixirii  a})r()ad  of  native 
American  parents  should  use  the  form  of  applicatioji  entitled,  "Form 
for  Native  Citizen."  A  person  born  abroad  whose  parents  were 
naturalized  American  citizens  at  the  time  of  his  hirth  shoidd  use  the 
form  entitled,  "Form  for  Persons  claiming  Citizenship  through 
Naturalization  of  Husband  or  Parent,"  canceling  the  word  "natural- 
ized" in  the  first  lino  and  replacing  it  with  the  word  "native." 

6.  VISA  OF  PASSPORTS  FOR  FRANCE,  GERMANY,  OR  RUSSIA. 

Under  the  ])assp()rt  regulations  of  the  French  Government  it  is 
understood  that  French  consular  officers  will  not  visa  i)ass})orts  of 
native  American  citizens  intending  to  visit  France  unless  the  appli- 
cants submit  to  the  consular  officers  their  birth  certificates,  or  cer- 
tified copies  of  the  applications  upon  which  their  passports  were 
issued.  It  is  understood  that  similar  requirements  are  made  by 
Kussian  and  German  consuls  in  cases  of  persons  applying  to  have 
their  passports  visaed  for  Russia  and  Germany.  See  the  circular 
entitled  "Notice  Concerning  Passports  and  Kegistration  in  Con- 
sulates." 

6.   CERTIFIED  COPIES  OF  PASSPORT  APPLICATIONS. 

In  case  a  native  American  citizen  who  desires  to  visit  France. 
Germany,  or  Russia  is  unable  to  obtain  a  birth  certificate,  he  should 
be  advised  to  send  to  the  Department  of  State  an  extra  cop}'-  of  his 
passport  application.  The  extra  copy  which  need  not  bear  the  court 
seal  will  be  certified  to  (without  expense  to  tlie  apjflicant)  by  the 
Department  of  State,  and  will  hv  returned  to  the  a])plicant  witli  his 
passport,  in  order  that  he  may  obtain  tlic  \isa  of  the  a])pr()priate 
French,  German,  or  Russian  consular  ofiicer.  See  circular  entitJed, 
"Notice  Concerning  Passports  and  Registration  in  Consiilates." 

7.  PERSONS   DESIRING  TO  VISIT  BELLIGERENT   COUNTRIES. 

The  Department  of  State  advises  American  citizens  to  avoid  visit- 
ing umict'essarily  countries  which  are  at  war,  and  j)articidar]y  to 
avoid,  if  possible,  passing  through  or  from  a  belligerent  country  to  a 
country  which  is  at  war  therewith.  The  Department  of  State  (iocs 
not  as  a  rule  issue  passports  to  enable  American  citizens  to  travel 
from  a  l)elligerent  country  to  a  country  which  is  at  war  therewith. 
For  example,  a  passport  will  not  be  issued,  except  in  a  case  of  extraor- 
dinary necessity,  to  enable  a  person  to  go  from  England  to  Germany, 
or  vice  versa.  See  circular  entitled  "Notice  to  American  Citizens 
Who  (\)nteniplat(>  Visiting  Belligerent  Countries." 


APPENDIX.  213 

When  an  applicant  desires  to  visit  a  belligerent  country,  he  must 
show  to  the  satisfaction  of  the  Department  of  State  that  it  is  impera- 
tive for  him  to  do  so.  If  he  is  going  abroad  on  commercial  business, 
his  application  must  be  supported  by  a  letter  from  the  head  of  the 
firm  which  he  represents,  stating  the  names  of  the  countries  which 
he  intends  to  visit  and  the  objects  of  his  visits  thereto. 

If  the  applicant  is  going  abroad  for  any  other  purpose,  he  must 
support  his  application  with  satisfactory  documentary  evidence  sub- 
stantiating his  statement  concerning  the  imperativeness  of  his  pro- 
posed trip.  For  example,  a  person  who  states  that  he  is  going  to  a 
belligerent  country  to  visit  a  relative  who  is  iU  should  support  his 
application  with  a  letter  from  such  relative,  or  some  other  person 
having  knowledge  of  the  iUness.     See  section  5  of  the  passport  rules. 

8.  PERSONAL  DESCRIPTION. 

The  following  suggestions  are  made  in  regard  to  filling  out  the 
blanks  for  personal  description: 

Age:  Number  of  years  completed  at  last  birthday. 

Forehead:  High,    low,    broad,    narrow,   receding,    square,    or 

medium. 
Eyes:  Blue,  brown,  gray,  green,  or  hazel. 
Nose:     Long,     short,     broad,     pointed,  retrousse,     aquiline. 

straight,  or  Roman. 
Mouth:  Large,  small,  medium,  thick  lipped,  straight,  or  firm. 
Chin:  Prominent,  round,  receding,  pointed,  long,  or  medium. 
Hair:  Black,  brown,  light,  golden,  thin,  or  partly  bald,  grr.y, 

or  brown  and  gray. 
Complexion:  Dark,  fair,  medium,  ruddy,  or  saUow. 
Face:  Round,  oblong,  oval,  square,  narrow,  spare,  or  thin. 
The  above  items  are  intended  merely  as  suggestions.     Such  varia- 
tions and  combinations  as  may  be  necessary  should  be  made. 

9.  PHOTOGRAPHS. 

Photographs  must  be  on  thin  paper  and  not  smaller  than  3  by  3 
inches  in  size.  The  applicant  must  sign  his  photograph  across  its 
face  so  as  not  to  obscure  his  features.  .  Three  photographs  of  each 
person  mentioned  in  the  passport  application  must  accompany  the 
application.     See  section  5  of  the  passport  rules. 


INDEX. 


[Numbers  refer  to  paragraphs.] 

A. 

Absence:  Paragraph. 

Leave  of 26-33 

Of  nearest  commissioner 217, 373,  429 

Of  officer  of  territory  therefrom 340,  341,  628 

Abstract: 

General,  relating  to  marshal's  accounts 297,  298 

Of  conceded  disallowances 293,  294 

Of  fees  and  costs  in  extradition  cases 303 

Of  fees  and  expenses  of  marshals  and  deputies 375 

Of  juror  vouchers 486,  906 

Of  miscellaneous  expense  vouchers 585, 587 

Of  pay  of  bailiffs,  etc.,  vouchers 560 

Of  salaries  and  expenses  of  district  attorneys 335,  592 

Of  salary,  fee,  and  expense  vouchers 334, 358-360 

Of  salary  vouchers 333-335,  359, 360,  592 

Of  supplemental  items  in  marshal's  account 285 

Of  support  of  prisoner  vouchers 556, 557 

Of  witness  vouchers 516-518,  906 

Abstracting  and  reporting  earnings  from  individuals  and  corporations 321-325 

Abstracts  of  title 630,727 

Expense  of  procuring 697-699 

Accounts: 

Penitentiary,  State 543 

Of  clerks  of  United  States  courts  {See  Clerks) 655,  784-806,  849 

Of  commissioners  {See  Commissioners) 655,  658,  962-976, 1037-1064, 1075-1087 

Of  justices  of  the  peace 1044 

Of  marshals  {See  Marshals) 267-616,  626-630,  655,  659-699 

Of  special  assistant  attorneys 641 

Acknowledgments,  fees  of  clerks  for  taking 854 

Admiralty  cases,  fees  and  expenses  in 327, 465-470 

Advances: 

Of  judiciary  funds 133-140, 183 

To  witnesses 183,  248,  526-535 

Advertising,  expenses  of 395,  588-590 

Affidavit: 

Of  actual  expense  witnesses 515 

Of  clerk  to  account  and  emolument  return 801,  816 

Of  commissioner  to  account 971-973 

Of  deputy  clerk  to  expense  account 832 

Of  district  attorneys  and  their  assistants  to  expense  vouchers 660 

215 


216  INDEX. 

Affidavit — Continued.  Paragraph. 

Of  jury  ooramissioner 580 

Of  marshal  as  to  claims 59G 

Of  marshals  and  deputies  to  fees  and  expenses 37()-379 

Of  publisher 588,  589 

To  expense  vouchers,  without  charge 13,  378, 1047 

To  vouchers  of  intestate  decedents 301 

Aliens  ordered  deported,  as  witnesses 51 1-513 

Analysis: 

Of  balance,  accounts  current 295 

Of  fees  of  jurors 487 

Of  fees  of  witnesses 487,  517 

Of  miscellaneous  expenses 585,  586 

Of  pay  of  bailiffs,  etc 5(51 ,  562 

Of  i)a>nnents  for  sup])ort  of  prisoners 558 

Antitrust  cases: 

Duties  of  district  attorneys  in 730 

Fees  for  serving  subpoenas  in 460  (b) 

Appeals: 

From  settlement  of  accounts 300,  805,  806, 1075-1087 

In  United  States  cases,  duties  of  district  attorneys  in 747-756 

Applicatio:i3  for  passports 951b  an;l  pages  211-213 

.\ppropriation,  liscal  year  and 277,  278 

Approval  of  accovmts: 

Duties  of  district  attorneys  as  to 655-658 

Of  clerks 655,  802-804 

Of  commissioners 655,  658,  974-976 

Of  district  attorneys 660 

Of  extraordinary  expenses 352-354 

Of  marshals,  rendition  and 269-276,  655 

Approval  of  appointment  of  clerk  or  deputy  clerk  as  United  States  commis- 
sioner        954 

Approval  of  complaints: 

Certificate  of  district  attorney  as  to 296,  356,  973 

In  Chinese-exclusion  cases 4 1065 

In  internal-revenue  cases 980-983,  995 

Approval  of  pleadings : 729,  747 

.\rrest: 

Duties  of  commissioners  after 1037 

Expenses  endeavoring  to 132  (6),  439-442 

Maintenance  and  deportation  of  Ciiinese 550-552 

Without  warrants 409  (d) 

.Vssignments  of  error 754 

.Vssignments  and  transfers  of  claims 599,  600 

Asffi.stant  district  attorneys,  etc.: 

Regular  (see  Regular  assistant  district  attorneys) 631-()37 

Si)ecial  (see  Special  assistant  attorneys) 638-641 

.\ttachment: 

Fees  for  serving 449  (/),  450  (c) 

Expenses  endeavoring  to  serve 411 

.Vttendance: 

Fees  of  clerks  for 883,  884 

Fees  of  fee  deputies  for 451   456 


INDEX.  217 

B. 

Paragraph. 

Bail 751 

Bail  bonds  {see  Bonds) 997-1000 

BaiUffs: 

And  criers 563-572 

Appointment  of 563 

(  onipensation  of 563 

Pay  of,  etc.  {see  Pay  of  Bailiffs,  etc.) 559-580 

Record  of  attendance  of 266 

Salaried  deputy  appointed  to  serve  as 118, 119,  568 

Special  taxation  for  more  than  three 349-354,  565 

Bail  in  criminal  cases 728 

Balances: 

In  accounts  current 292,  295 

In  cash,  duty  of  district  attorney  as  to 182 

Unexpended 146.  153  (o) 

Bankruptcy  matters: 

Commission  of  clerks  in 840 

Duties  and  fees  of  clerks  in 837-843 

Fees  for  serving  petitions  in 444 

Moneys  in  possession  of  clerk  in 944 

Notice  to  parties  not  to  appear 838 

Notices  of  final  discharge '       839 

Partnership  proceeding 842 

Pauper  cases— fees  sul  sequently  collected 843 

Services  of  marshals  in  taking  charge  of  property '  328 

Bankruptcy  dockets,  clerks 914  (6) 

Bench  warrants.     (See  Capias.) 
Bids,  competitive: 

For  office  supplies 348,  821-823 

For  printing  records,  l)riefs,  calendars,  etc 891-894 

For  record  books  for  clerks - 911  (^) 

For  stenographers  to  report  proceedings 681 

Bill  of  sale  in  admiralty,  fee 469 

Bills  of  exceptions,  duties  of  district  attorneys  as  to 753 

Bonds: 

Fees  of  clerks  for  drawing 855 

Fees  of  commissioners  for  drawing 997-1000 

Of  clerks,  official 763-766,  770 

Of  deputy  clerks,  official 772 

Of  marshals,  official 71,  72,  75-81 

Of  salaried  deputies 107, 108  (h) 

Sureties  on  official 76,  77,  79,  81,  765,  770 

To  secure  marshal 's  costs 310,  311 

Books  and  records  of  clerks: 

(  ashljook 916-919 

Dockets 920-928 

Furnished  on  requisition 914,  915 

Other  than  those  supplied  by  the  department 910-913 

Books  and  records  of  marshals: 

(  ashbook 249-251 

(  ivil  and  criminal  dockets 252,  253 

General  instructions  as  to 239,  240 

Files  and  memorandum  records 264-266 


218  INDEX. 

Books  and  records  of  marshals — rontinued.  Paragraph. 

Ledger 254-259 

Register  of  United  States  prisoners (following  p.  75) 

United  States  funds  book 241-248 

Briefs,  printing  of 696,  696  (o),  748  (c),  891-895 

C. 

( "ah  hire,  etc 405,  671,  834 

i'alendars: 

Fees  of  clerks  for  making 856 

Printing  of 891-895 

( 'apias: 

Defendant  arrested  on,  brought  before  commissioner 1003 

Duties  of  district  attorneys  as  to  issuance  of 710 

Fees  for  ser\ing 449  (c) 

Fees  of  clerks  for  issuing 794^  795 

Manner  of  vouchering  charges  for  serving 448 

Transporting  prisoners  arrested  on 218   (c),  431 

Cash: 

Disbursement  of  judiciary  funds  by 179-182 

Duty  of  district  attorney  as  to,  balances 182 

To  be  held  at  marshal 's  risk 164, 179, 180 

Cashbook: 

Clerk's 914  („),  916-919 

Marshal 's 249-251 

Certificate: 

Of  commissioner,  when  not  hearing  case 373,  429 

Of  district  attorney  as  to  internal  revenue  and  Chinese  cases 296,  356,  973 

Of  marshal  as  to  supplemental  items 284 

Of  marshal  as  to  uncollected  earnings 324 

Of  special  examiner  as  to  fees  of  witnesses 520 

Of  territorial  officers 34I 

Fees  of  clerks  for  making 792, 857, 858, 890,  898 

Fees  of  commissioners  for 1041 

Certiorari,  writ  of,  district  attorneys  not  to  accept  service  of,  etc < 749  (f) 

"Checking"  account,  deposits  to 145, 147 

Checking  symbol 158, 159, 19 

Checks: 

Claimants  paid  by  several 37I 

Disbursement  of  judiciary  funds  by 156-178 

Moneys  to  be  disbursed  by  clerks  by 945 

Chinese,  arrest,  maintenance,  and  deportation  of 550-552 

Chinese  exclusion  cases: 

Approval  of  complaints  in 1065 

Certificate  of  district  attorney  as  to 296,  356,  973 

Designation  of  commissioner  to  act  in 218  (ft),  432, 433,  731 

Duties  and  fees  of  commissioners  in 1065-1070 

Duties  of  district  attorneys  in 73I,  732 

Expenses  endeavoring  to  recapture  prisoners  in 552  (/) 

Fees  of  commissioners  for  hearing  and  deciding  in 1066-1069 

Fees  of  commissioners  for  transcripts  in 1033, 1070 

Mileage  of  fee  deputies  in 432, 433, 435  (g) 

Moneys  collected  by  clerks  in 933 

Support  of  prisoners  in 550-552 

Witnesses  in 1012  1018 


IN^DEX.  219 

Citations:  Paragraph. 

Forwarding  copies,  etc.,  on  appeals 749 

Fees  of  clerks  for  issuing ^^^ 

Circuit  Courts  of  Appeals.     (See  Clerks  of.) 

Civil  cases  (see  Earnina;s  from  individuals  and  corporations) 253, 

260-263, 310-328, 813 

Mileagein 425,434  (/),  435  (m) 

Ci\dl  docket: 

Of  clerks 914  (6),  920-928 

Of  district  attorneys 702,706 

Of  marshals 252,253 

Civil  service  rules: 

Appointment  of  salaried  deputies  under 107 

Employment  of  clerks  and  messengers  to  district  attorneys,  under. .  643,  644, 653 
Civil  suits: 

Institution  and  defense  of 733-740 

Reports  of,  by  clerks 774-778 

Claims : 140,593-598 

Assignments  and  transfers  of ^^^'  ^^0 

Purchase  of,  by  officers,  unlawful 1^7 

Clerks  of  Circuit  Courts  of  Appeals: 

Appointment  of 760,  761 

Bond  of,  official 763,764 

Emolument  returns  of °^'' 

Oath  of  office  of "^^^ 

Salary  of 329-345,817 

Clerks  of  United  States  courts: 
Accounts  of— 

Affidavit  and  approval 655, 801-804 

Explanations  to ^05,  806 

General  instructions  as  to 784-800 

Set-offs  in ;      ^^^ 

Appointment  and  qualification  of 760-766 

Appointment  of,  as  United  States  commissioners -,- 954 

Authorized  to  administer  oaths °°^ 

Bankruptcy  matters 837-843 

Bonds  of 763-766,770 

Compensation  of 779-783,850 

Deputies  and  assistants  of ' "'    ''-' 

Duties  of 1,837-843,905 

Emolument  returns  of 807-817 

Expense  accounts  of  deputies 831-836 


Fees  of  (fee  bill). 


844,  845 


Decisions  relating  to 846-890 

Miscellaneous  matters  relating  to 899-909 

Oath  of  oflace  of 762 

Office  expenses  of 5-12,768.709,818-830 

Official  funds (929)-947 

Moneys  paid  into  court 936  941 

"Other  moneys" 942-947 

Public  moneys  of  the  United  States 929-93o 

Reports  of.;. 948-951 

Wages,  etc.,  of  deceased  and  deserting  seamen 941 


220  INDEX. 

Clerks  of  United  States  courts — Continued.  Paragraph. 

Printing;;  briefs,  records,  court  calendars,  etc 891-895 

Record  books  for 910-928 

Recording  and  reporting  appointments,  etc.,  of  commissioners 896-898 

Reporting  civil  suits  and  protecting  property  interests  of  tl;e  Government .  774-778 

Retiring  clerk 951a 

Clerks  to  district  attorneys: 

Appointment  of C  '2-646 

Expenses  of  travel  and  subsistence  of 659-676 

Leave  of  absence  of 27-33 

Oath  of  office  of 647 

S-ilary  of 329-345,  642 

Term  of  office  of 648,  649 

•  Vacancies  in  office  of 649,  650 

Collection  of  debts  due  Post  Office  Department 740 

Collections: 

Abstract  of,  for  prior  quarters 323,  324 

For  deposit  by  marshals 1,53 

Commissions  of  clerks  of  United  States  courts 860 

In  bankruptcy  cases 840 

Commissioner,  nearest  {See  Nearest  commissioner).  217,  218,  373,  410,  427-433,  435  (/') 
Commissioners,  United  States: 
Accounts  of — 

Affidavit   to ! 971-963 

Approval  of 655,  658,  974-976 

Explanations  to 1075-1081 

Preparations  of 962-970 

Revision  of,  by  comptroller 1077, 1082-1087 

Supplemental 970 

Appointment  of 953-958 

Notice  of 896 

Chinese  exclusion  cases 1065-1070 

Dockets  and  papers  of 1071-1074 

Designation  of ,  to  act  in 218(6).  432,  433,  731 

Extradition*  ases ^  .  399, 1057-1064 

Fees  of — 

Bonds  and  commitments 997-1004 

Continuances 1031, 1032 

( "omplaints 978-984 

Discharge  of  poor  convict 1032a 

Fee  bill 977 

Hearings 658,  1029,  1030 

Miscellaneous  matters 1037-1056 

Transcripts 1033-1036 

Warrants 985  996 

Not  to  receive  compensation  as  bailiff  or  crier 570  (c) 

Oath  of  office  of 959 

Removal  of 897,  953 

Seal  of 960,  961 

Term  of  office 953 

Witnesses  before 507,  518, 1005-1028 

Commitment,  reports  of  prisoners' 53V-541 


INDEX.  221 

Commitments,  writs  of:  Pavagraph. 

Fees  for  serving • 462-464 

Fees  of  commissioners  for  issuing 997, 1001-1004 

Travel  to  get  possession  of  prisoner  under 438 

('ommitting  magistrate: 

Judge  as 4S6 

Justice  of  peace  as 1044 

Competitive  bids.     (Sec  Bids.) 

Complaints: 

Fees  of  commissioners  for  copies  of 9^4 

Fees  of  commissioners  for  drawing 978-983, 1042, 1066 

In  Chinese-exclusion  cases 980, 1065 

In  internal-revenue  cases 450  (c),  980-983,  995 

Register  of,  attorneys' 702,  703 

Compromise  of  suits,  etc 740 

Comptroller  of  the  Treasury,  revision  of  settlements  by 300,  805, 1077,  1082-1087 

Condemnation  proceedings: 

Expenses  of  taking  jury  to  view  lands  in 38-40 

Jurors  and  witnesses  in 474,  521 

Contempt,  power  of  commissioner  to  punish  for 1039 

Control  of  causes  (extrajudicial) 717B 

Conveyance,  use  of  own  means  of 408  (/),  667 

Convicts: 

As  witnesses 509, 1021 

Discharge  of  poor 1032a 

Expenses  transporting 411-416 

Copies: 

Fees  of  clerks  for  making 791,  815,  838,  861,  898,  907 

Of  complaints,  fees  of  commissioners  for 984 

Of  writs,  etc.,  how  made 210 

Correspondence,  offit  ial : 

Of  marshals 264 

Relating  to  clerks'  accounts 806 

Relating  to  commissioners'  accounts 1081 

Relating  to  district  attorney's  office 700,  701 

Rules  for 2-4 

Costs: 

Deposits  to  secure  payment  of  marshals' 3 10-312 

In  admiralty  cases,  by  poor  litigants 470 

In  extradition  cases 302-309.  1059 

Repayment  of  clerks'  fees  after  deposit 862 

Taxation  of 725 

Court  calendars,  printing  of 891-895 

Court  records  to  be  kept  at  place  of  holding  court 909 

Court  rooms  and  offices  in  Federal  buildings,  services  and  supplies  for 601,  602 

Court  rooms  and  offices  in  rented  buildings '-  -  -  605-616 

Criers: 

Appointment  of 563 

Bailiffs  and 563-572 

Compensation  of 563 

Pay  for  holidays 569  (6) 

Record  of  attendance  of 266 

Salaried  deputy  not  to  receive  compensation  as 570  (c) 

Criminal  appeals  act,  cases  under 750,  750a,  750b 


222  INDEX. 

Criminal  rases:  Paragraph. 

Bail  in 728 

Dismiasing,  by  attorneys 721 

Criminal  docket: 

Of  clerks 914  (6) 

Of  district  attorneys 702,  705 

Of  marshals 252 

Customs  cases: 

Expense  of  advertising  in 450  (g),  590 

Expense  of  procuring  evidence  in 523 

Fees  for  serving  search  warrants  in 450  (d) 

Moneys  collected  by  clerks  in 933 

Witnesses  in 524 

D. 

Daybook,  clerks' ; 915 

Death: 

Of  clerk  of  United  States  court 770,  782,  810 

Of  fee  deputy,  affidavit  not  executed 379 

Of  marshal,  checks  drawn  prior  to 178 

Deputies  to  continue  in  office  after 112 

Kemains  of  prisoners  after 542  (/),  {g) 

Vacancy  caused  by 91 

Debts  due  Post  Office  Department,  collection  of 737 

Deceased  and  deserting  seamen,  wages,  etc.,  of 941 

Decedents,  intestate,  payment  to 301 

Decisions,  request  for,  from  Comptroller 300,  805, 1082-1087 

Defendant,  sun-ender  of,  by  sureties 435  (h),  1055 

Defendants'  witnesses  before  commissioner 1011-1013, 1018 

Deportation  of  Chinese,  arrest,  maintenance,  and 550-552 

Deposits: 

General  instructions  as  to 141-145 

Of  other  than  judiciary  and  income  tax  funds 201-204 

Of  registry  funds  in  Treasury 940 

Reporting  and  recording .' 152-155 

To  "checking"  account 145, 147 

To  credit  Treasurer  of  United  States 148-151 

To  "noncheckiug"  account 144, 146 

To  secure  payment  of  marshals'  costs 310-312 

Deputies: 

Fee.     («9ce  Fee  deputies.) 

Passes  not  to  be  used  by 374 

Possemen.     (See  Fossemon.) 
Salaried.     (aS^c  Salaried  deputies.) 
Special.     (See  Special  deputies.) 

Subsistence  at  home  of 408(c) 

To  continue  in  office  after  death  of  marshal 112 

Unserved  process 100-102, 113, 131,  206 

Deputy  clerks: 

Appointment  of,  as  United  States  coramissioners 954 

Authorized  to  admini.ster  oaths 882 

Expense  accounts  of 831-836 


INDEX.  223 


Deputy  clerks  and  office  assistants 767-772 

Appointment  of 767,  769 

Bonds,  official,  of 772 

Compensation  of - 768,  769 

Oath  of  office  of 771 

Deserting  seamen,  wages,  etc. ,  of  deceased  and 941 

Detained  witnesses 508-513,  544,  546,  1020 

Disallowances : 

In  clerks'  accounts 805,  806 

In  commissioners'  accounts 1077, 1081 

In  marshals'  accounts f 147  (a),  153  (6),  300 

Abstract  of,  conceded 293,  294 

Posting  to  ledger  from  statements  of 259 

Disbursements: 

Actual,  defined 267,  268 

Advances  bv  marshals 183,  248,  526,  535 

Cash ' 179-182 

Checks 156-178 

By  clerks,  of  "other  moneys  " 945-947 

Reports,  weekly,  of  receipts  and 184, 187 

Discharging  prisoners 1032a,  462^64 

Dismissing  criminal  cases,  by  district  attorneys 721 

Distribution  of  writs  for  service 211-213 

District  attorneys: 

Appointment  and  induction  into  office 617-621 

Approval  of  accounts  of  marshals,  clerks,  and  commissioners 655-658 

Clerks  to 329,  642-650 

Compensation  of 625-630 

Dockets,  files,  and  records 700-709 

Duties  of 182,  296,  535,  630,  655-658,  710-720,  730-732,  973,  995, 1065 

Expense  of  abstracts  of  title 697-699 

Ijeave  of  absence  of 26-33 

Legal  matters  concerning 717-759 

Messengers  to 329,  651-654 

Oath  of  office  of 617-621 

Office  expenses  of 8  (6),  346-348,  677 

Regular  assistant  district  attorneys 631-637 

Residence,  official 1,  617,  622 

Special  assistant  attorneys 638-641 

Special  expenses  of  conducting  particular  cases 678-695 

Term  of  office  of 623 

Travel  and  subsistence  expenses  of  district  attorneys,  their  assistants,  and 

clerks 625,  626,  659-676 

Vacancy  in  office  of 1,  624,  627 

District  attorneys'  clerks  {see  Clerks  to  district  attorneys) 329,  642-650 

District  attorneys'  messengers  {see  Messengers  to  district  attorneys) 329,  651-654 

Docketing  of  writs  by  marshal 211-213,  252 

Dockets: 

And  papers  of  commissioners 1071-1074 

Clerks' 914  (6),  920-928 

District  attorneys' 702-709 

Fees  of  clerks  for  making 799,  863-866 

Marshals' 252, 253 


224  INDEX. 


Double  fees: 


Parafcraph. 

Collection  of,  from  iudividuals  and  corporations 315 

Of  clerks 779 

Drawing  jurors,  method  of 219 

Duties: 

Of  clerks 1,  837-843,  905 

Of  commissioners 1037, 1042, 1043, 1057-1064,  1065-1070 

Of  district  attorneys 182,  296, 535,  630,  655-658,  710-720 

Of  fee  deputies 426, 427, 430-433,  439,  448 

Of  marshals 1,  92-94,  210, 328 

Of  regular  assistant  district  attorneys 632 

Of  salaried  deputies 116-119 

Of  chief  deputy 117 

Of  special  assistant  attorneys 638,  639 

E. 
Earnings  from  individuals  and  corporations: 

Abstracting  and  reporting 321-325 

Account  of  uncollected 260-263 

Amounts  collectible 313-320 

Deposits  .to  S3cure  marshals'  costs 310-312 

In  paupar  cases 263 

Miscellaneous  matters  relating  to 326-328 

Receipts  of  clerk  for 313,  325 

Schedule  of,  by  clerks 813 

Economy,  administrative  foresight  and 710-716 

Emolument  returns  of  clerks , .  807-817 

Of  circuit  courts  of  appeals 817 

Endeavoring  expanses,  collectible  from  individuals  and  corporations 319 

Endeavoring  to  arrest,  expenses  of 132  (h),  439-442 

Entries,  fees  of  clerks  for  making 800,  867,  868 

Equipment,  of  leased  quarters 615 

Escape  of  prisoners  in  custody  of  marshal  or  deputy 408  (g), 

414,  434(e),  435  (?),(^-).  552  (/) 

Exchange  of  typewriters,  etc .\ 825 

Executions: 

Duties  of  district  attorneys  as  to  issuance  of 710 

Fees  for  ser\'ing 434  (d) 

Fees  of  clerks  for  issuing 901 

Reports  of 227-237 

Upon  judgments 735 

Executive  clemency,  applications  for 757-759 

Exemptions  as  to  income  tax 189 

Expediting  act,  cases  under 755 

Expenses: 

Actual,  in  lieu  of  mileage 436-438 

Endeavoring  to  arrest 132  (6),  439-442 

Extraordinary 238,  349-354,  565 

For  use  of  own  means  of  conveyance 408  (/),  667 

In  admiralty  cases 465-470 

Of  agent  in  bringing  fugitives  back  to  United  States 70 

Of  clerks  of  United  States  courts 8  (rf),  768, 769, 818-830 

Of  deputy  clerks 831-836 

Of  district  attorneys,  their  assistants,  and  cl  jrks,  for  travel  and  subsistence     625, 

626,  659-676 


INDEX.  225 

Expenses — Continued. 

Of  fee  deputies.    (See  Fee  deputies.)  Paragraph. 

Of  feeding  prisoners  in  custody  of  marshal  or  deputy 387-389, 549 

Of  Government  officers  as  witnesses 489,  497-504, 1027, 1028 

Of  judges 573,574 

Of  keeping  boats,  etc.,  in  admiralty 327, 467-470 

Of  keeping  property  attached  on  mesne  process 327, 355  (e),  390-397 

Of  keeping  property  seized  in  pure-food  cases 395, 590 

Of  marshals  and  deputies  for  travel  and  subsistence  {see  Marshals) 398-416 

Of  procuring  abstracts  of  title 697-699 

Of  procuring  evidence  in  customs  cases 523 

Of  salaried  deputies  {see  Salaried  deputies) 398-416 

Of  subsistence  at  official  headquarters 96, 402 

Of  taking  jury  to  view  lands 38-40 

Of  transporting  convicts 411-416 

Experts  and  other  special  employees: 

Compensation  of 689 

Employment  of 689, 690 

Vouchers  for 693-695 

Explanations  to  accounts: 

Of  clerks 805,806 

Of  commissioners 1075-1081 

Of  marshals 299,  300 

Extradition  cases:    {Fugitives  from  foreign  jurisdiction.) 

Abstract  of  fees  and  costs  in 303 

Accounts  of  commissioners  in 1058 

Duties  and  fees  of  commissioners  in 309, 1057-1064 

Fees  and  costs  of  marshals  in 302-309, 1059 

Interpreters  in 305, 1060 

Statement  by  commissioner  of  all  fees  and  costs  in 1059 

Statement  of  marshals'  costs  in 305 

Stenographer  in 306,1061 

Warrants  in 55,309,1063 

Extradition  of  fugitives  from  United  States  in  foreign  jurisdiction 41-70 

Extraordinary  expenses 238, 349-354, 565 

Authority  to  incur 350, 351 

Special  taxation  by  the  court  of 353, 354 

Vouchers  for 352-354 

F. 

Federal  buildings: 

Services  and  supplies  for  court  rooms  and  offices  in ^ . .  601,  602 

Transfer  of  Government  property  from  rented  to 603,  004 

Fee  bill: 

Clerks' 844, 845 

Commissioners' 977 

Marshals' 471 

Fee  deputies: 

Affidavit  of,  to  fees  and  expenses 376-379 

Appointment  of 123-127, 130, 423, 424 

895—16 15 


226  INDEX. 

Fee  deputies— Continued.  Paragraph. 

Compensation  of 132,  207,  209,  417-471 

Actual  expenses  in  lieu  of  mileage 436-438 

Computing  maximum 420-424 

Expenses  endeavoring  to  arrest 132  {b),  439-442 

Expenses  of  feeding  prisoners 387-389,  549 

Expenses  transporting  con\dcts 411-416 

Fee  bill 471 

Fees  and  expenses  in  admiralty  cases 465-470 

Fees  for  attendance  before  commissioners 451-456 

Fees  for  committing  and  discharging  prisoners 462-464 

Fees  for  serving  subpoenas,  venires,  etc 207,  209,  443^50 

General  instructions  as  to 417-419 

Mileage 425-438 

Duties  of 426, 427, 43(M33, 439,  448 

Not  to  receive  pay  as  bailiff 570  (c) 

Oath  of  office  of 128, 130 

Resignation,  suspension,  and  removal  of 127 

Term  of  office  of 129-131 

Fees  and  costs  in  extradition  cases 302-309, 1059 

Fees  and  expenses  in  admiralty  cases 465-470 

Fees  charged  under  State  fee  bill 419,  425,  466,  474,  521 

Fees,  matters  of  strict  law 846 

Fees: 

Of  clerks  of  United  States  courts  {see  Clerks) 779, 844-890 

Of  commissioners  {see  Commissioners) 658,  977-1056 

Of  fee  deputies  {see  Fee  deputies) 132,  207,  209, 417-471 

Of  jurors,  United  States  courts.     {See  Jurors.) 

General  instructions  as  to 472-474 

Mileage 478-480 

Per  diems 475^77 

Vouchers,  abstracts,  and  analyses 481-487 

Of  justices  of  the  peace 1044 

Of  witnesses.  United  States  courts  {sec  Witnesses). .  488-535,  692, 1007, 1016-1028 

Actual  expenses  of  witnesses 489, 497-504, 1027, 1028 

Advances  to  witnesses 526-535 

Detained  witnesses 508-513, 1020 

General  instructions  as  to 488, 489 

Mileage  and  per  diems 490-497, 1007, 1017-1023 

Miscellaneous  matters  concerning 519-525 

Special  provisions  as  to  seamen,  et  al 505,  506 

Vouchers,  abstracts,  and  analyses 514-518, 1024-1028 

Witnesses  before  commissioners 507, 100.5-1028 

Witnesses  before  justices  of  the  peace,  etc 519,  520 

Filing,  fees  of  clerks  for 869,  870,  890 

In  bankruptcy  cases 841,843 

Files: 

And  records  of  district  attorneys 700,  701 

Of  marshals 264 

Final  records,  fees  of  clerks  for  making 871-874 

Fiscal  year  and  ap])rc)])riation 277,  278 


INDEX.  227 

Forwarding  accounts :  Paragraph. 

Duties  of  clerks  as  to 905 

Of  clerks 784 

Of  commissioners 962 

Of  marshals 270, 271 

Fugitives  from  foreign  countries  in  United  States.     {See  Extradition  of.) 
Fugitives  from  United  States  in  foreign  jurisdiction.     {See  Extradition  of.) 

Funds  book,  United  States 241-248, 255 

Funds,  judiciary  and  other  {see  Judiciary  and  other  funds) 133-204 

G. 

General  abstracts 297, 298 

"Government  salary  tables,"  how  obtained 336 

Grand  jury  docket 702,  704 

Gratuities,  of  United  States  prisoners,  upon  discharge 547 

Guards: 

Compensation  of 384,  385 

Forms  for  reporting  hire  of 386 

General  instructions  as  to 382, 383 

Receipts  for  subsistence  of 380  (6) 

Stationary 385 

Traveling 384 

H. 

Habeas  corpus  ad  testificandum,  writ  of: 

Alien  witnesses  transported  under 513 

Fees  for  serving 449  {g) 

Habeas  corpus  proceedings,  fees  of  clerks  in 875 

Hearing  and  deciding: 

Fees  of  commissioners  for,  in  certain  extradition  cases 1064 

In  Chinese  exclusion  cases 1066-1069 

On  criminal  charges 658, 1029-1032, 1064 

Hearings: 

Continuance  of,  by  commissioners 975, 1031, 1032 

Fees  of  fee  deputies  for  attending 435  {L),  451-456 

In  naturalization  cases 726 

Mileage  transporting  defendants  for 217,  218,  373, 425-433 

Hire  of  vehicles,  etc 380  (c),  405,  665,  671,  834 

Holidays,  per  diems  of  bailiffs  and  criers  for 569  (6) 

I. 

Imposition  of  sentence,  and  hearing  of  naturalization  cases 726 

Income  tax  deductions 188-200 

Indictments: 

Duties  of  district  attorneys  as  to 724 

Fees  of  clerks  for  making  copies  of 861  (6) 

Individuals  and  corporations,  earnings,  from  {see  Earnings  from  individuals  and 

corporations) '. 253,  260-263,  310-328,  813 

Ink,  mucilage,  etc 19-21 

Institution  and  defense  of  civil  suits,  and  reports  thereof  to  Solicitor  of  Treas- 

wcy 733-740 


228  INDEX. 

Internal-revenue  cases:  Paragraph. 

Approval  of  complaints  in 980-983,  995 

Arrests  in,  without  warrants 409  (d) 

Certificate  of  district  attorneys  as  to 296, 356,  973 

Expenses  endeavoring  to  arrest  under  search-warrant,  in 442 

Expenses  guarding  property  seized  in 396,  397 

Fees  for  serving  warrants  in 450  (c) 

Fees  of  commissioners  for  issuing  warrants  in 981-983,  995 

Moneys  collected  by  clerks  in 932 

Reports  of  forfeited  recognizances  in 777 

Internal-revenue  officers: 

As  witnesses 499-501 

Compensation  of  fee  deputies  while  accompanying 417  (d) 

Expenses  of  marshals  and  salaried  deputies  while  accompanying 409  (c) 

Interpreters: 

Authority  for  employment  of 685,  686 

Compensation  of 686 

Fees  of  commissioners  for  swearing,  as  to  attendance 1041 

In  extradition  cases 305, 1060 

Intestate  decedents,  payments  to 301 

Inventories  of  Government  property  delivered  to  marshals'  successor 97-99 

Issuance  of  applications  for  passports 9516  and  pp.  211-213 

J. 

Jail  accounts.     (See  Support  of  Prisoners) 388,  542-558 

Jail  record  (see  Register  of  United  States  prisoners,  following  page  75) 540 

"John  Doe"  warrants: 

Fees  for  serving 209, 450  (h) 

Fees  of  commissioners  for  issuing 994 

Joint  offenders,  duties  of  commissioners  as  to 1042, 1043 

Judges: 

As  committing  magistrates 456 

Expense  of  telegrams  and  telephone  messages  sent  by 8  (a),  582 

Expenses  of  travel  and  maintenance  of 573,  574 

Salaries  of ^ 329-345 

Income  tax  deduction  from 189 

Stenographers  and  messengers  for 34-37,  329-345 

Judgments: 

Executions  upon 735 

List  of,  for  Solicitor  of  Treasury 775 

Judiciary  and  other  funds 133-204 

Advanced  on  requisitions 133-140 

Deposits  of 141-155 

Disbursements  of 156-204 

Income  tax  deductions 188-200 

Moneys,  other  than  judiciary  appropriation  and  income-tax  funds 201-204 

Reports,  weekly,  of  receipts  and  disbursements 184-187 

Jurors: 

Drawing,  qualifications,  etc 219 

Expenses  of  travel  to  summon 408  (e) 

Fees  of  (see  "Fees  of  Jurors,  U.  S.  Courts ") 472-187 

In  condemnation  proceedings 40, 474 

Meals  and  lodging  for 575,  576 

Signatures  of,  by  cross  mark 484 

Summoning  by  mail 219-225 


INDEX.  229 

Jury:  Paragraph. 

Expenses  of  taking,  to  view  lands 38-40 

Special,  how  returned 224 

Jury  commissioners 577-580 

Justices  of  the  peace: 

Fees  and  accounts  of 1044 

Witnesses  before 519 

L. 

Laundry 403,  670,  835 

Leased  or  rented  buildings 605-616 

Bills  for  rent 616 

Renting  or  leasing 605-610 

Repairs  or  alterations  of 614 

Services  and  equipment 615 

Supervision  of 611-613 

Leave  of  absence: 

Of  officials  and  employees 26-33 

Telegrams  relative  to,  not  official 8  (/) 

Ledger: 

Clerks' 915 

Marshals' 254-259 

Letters,  official.    (See  Correspondence). 

List  of  jurors,  fees  of  clerk  for  making 876 

Lodging  and  subsistence: 

For  jurors 575,  576 

Of  clerks  to  district  attorneys 675 

Of  district  attorneys  and  their  assistants 625,  626,  659,  663-665 

Of  marshals  and  deputies 380  (a), 

380  (6),  381,  398-403,  408  (c),  409  (e),  436,  439,  440 
Telegrams  reserving  rooms,  not  official 8  (g) 

Long-distance  telephone  messages.    {See  Telephone  messages,  long  distance). 

M. 
Mail: 

Registered,  venire  served  by 221, 222 

Subpoenas  sei-ved  by 461  (d) 

Maintenance  of  Chinese  prisoners 550-552 

Making  duplicate  accounts,  fees  of  clerks  for 852 

Mandates: 

Duties  of  district  attorneys  as  to 756 

Fees  for  serving 449  (h) 

Fees  of  commissioners  for  entering  return  on 1046 

For  issuing,  not  allowed 1045 

Maps,  authority  for  purchase  of 480 

Marshals: 

Accounts  of f. 267-592,  655-699 

Accounts  current 289-296 

Actual  payments,  etc.,  defined 267,  268 

Appeal  from  and  revision  of  settlement 300, 1075-1087 

Earnings  from  individuals  and  corporations 253,  260-263,  310-328, 813 

Explanations  to 299, 300 

Fees  and  costs  in  extradition  cases 302-309, 1059 


230  INDEX. 

Marshals— Continued. 

Accounts  of — Continued.  Paragraph. 

Fiscal  year  and  appropriation 277,  278 

General  abstract  of 297, 298 

Payment  to  intestate  decedents 301 

Preparation  of 279-288,  362-374 

Rendition  and  approval  of 269-276,  655 

Supplemental  items  in 282-285 

Appointment  and  induction  into  office 71-74,  84-88,  91, 173 

Bonds  of 71,  72,  75-81 

Books  and  records  of 23&-266 

Compensation  of 103 

Expenses  of  travel  and  subsistence 374,  398-410 

Salaries 329-345 

Custodians  of  leased  buildings 611-613 

Fee  bill 471 

Leave  of  absence  of 26-33 

Oath  of  office  of 71,  82,  83 

Office  expenses  of 8  (c),  346-348 

Powers  and  duties  of 1,  92-94,  210,  328 

Process,  service  of 205-238 

Residence,  official 1,  95,  96 

Retiring 97-102, 159, 172 

Term  of  office  of 89,  90 

Vacancy  in  office  of 1,  91 

Master  in  chancery,  pay  of  bailiffs  for  attendance  before 569  (c) 

Mesne  process,  compensation  and  expenses  for  keeping  property  attached 
under 327,  355  (e),  390-397 

Messengers: 

To  district  attorneys 329-345,  651-654 

To  judges 34-37,  329-345 

Mileage : 

Of  clerks 798,  811,  877,  878 

Of  fee  deputies 425-438 

Of  jurors \ 478-480 

Of  witnesses 490-497, 1007, 1017-1023 

Not  allowed  to  jury  commissioners 579 

"Miscellaneous  expenses,  United  States  courts " 8  (a), 

34-37, 40,  329,  581-590,  678-699,  891-895,  910-913 

Abstracts  of  title 697-699 

Advertising  and  publication  of  notices 395,  588-590 

Experts  and  other  special  employees 689-695 

General  instructions  as  to 581-583,  678-680 

Interpreters 685,  686 

Messengers  to  judges 34-37,  329-345 

Printing  briefs,  calendars,  etc 696,  696  (a),  748e,  891-895 

Record  books  for  clerks ^. 910-913 

Stenographers  to  report  proceedings 681-683 

Taking  jury  to  view  land 40 

Telephone  messages  and  telegrams  of  judges 8  (o),  582 

Vouchers,  abstracts,  and  analyses  for 584-587,  684,  688,  693-695 

Moneys: 

Fees  of  clerks  for  receiving,  keeping,  and  paying  out 860 

Income-tax  funds .' 188-200 


INDEX.  231 


Moneys — Continued.  Par 

Judiciary  funds 133-140 

Official  funds  in  hands  of  clerks  (see  Clerks  of  United  States  courts) ....   929-951 

Other  than  judiciary  and  income-tax  funds  in  marshals'  possession 201-204 

Retiring  officers 99,  951a 

Mucilage,  etc 19-21 


Naturalization  cases,  imposition  of  sentence  and  hearing  of 726 

Nearest  commissioner: 

Certificate  of,  when  not  hearing  case 373,  429 

Exceptions  to  rule  of 218, 429-433 

Expenses  when  prisoner  not  taken  before 410 

Transporting  defendants  to 217,  218,  427-429, 435  (/) 

Nolo  contendere,  pleas  of 722 

"  Nonchecking  "  account,  deposits  to 144, 146 

Notices: 

Of  appointment  of  commissioners 896 

Of  final  discharge,  in  bankruptcy  cases 839 

Publishing 588-590 

In  customs  cases 450  (g) 

To  appear,  on  summons  to  juror 222 

To  parties  not  to  appear,  in  bankruptcy  cases 838 

0. 

Oath  of  office: 

Of  clerks  of  district  courts  and  circuit  courts  of  appeals 762 

Of  clerks  to  district  attorneys 647 

Of  commissioners 959 

Of  deputy  clerks. . . : 771 

Of  district  attorneys 617-621 

Of  fee  deputies 128, 130 

Of  marshals 71,  82,  83 

Of  regular  assistant  attorneys 635 

Of  salaried  deputies 109, 110, 114 

Of  special  assistant  attorneys 640 

Oaths: 

Clerks  authorized  to  administer 882 

Commissioners  authorized  to  administer 1010 

Deputy  cler-ks  authorized  to  administer — ; 882 

Fees  of  clerks  for  administering 796,  879-882 

Fees  of  commissioners  for  administering 1010-1015, 1041, 1047 

To  expense  accounts 13,  378, 1047 

Office  assistants,  deputy  clerks  and 767-772 

Office  expenses: 

Of  clerks  of  United  States  courts S{d),  768,  769,  818-830 

Of  marshals  and  district  attorneys 5-12, 346-348,  677 

Officers,  Government: 

Expenses  and  fees  of,  as  witnesses 489,  497-504, 1027, 1028 

Oaths  to  expense  accounts  of 13 

Penalty  for  discounting  Government  claims  by 167 

Offices  in  Federal  buildings,  services  and  supplies  for 601,  602 

Offices  in  rented  buildings 605-616 


232  INDEX. 

Official  bonds      {Sec  Bonds.)  Paragraph. 

Official  funds  (see  Clerks  of  United  States  courts) 929-947 

Official  letters.     (See  Correspondence.) 
Official  residence.     (See  Residence.) 

Old  materials,  sale  of 24,25,143,146  (d) 

Order  of  removal,  fees  for  serving 449  (b) 

P. 

Pardons,  applications  for 757-759 

Partnership  proceedings  in  bankruptcy  cases 842 

Passes,  use  of,  prohibited 374,  674 

Passports,  applications  for 951b  and  pp.  211-213 

Paste,  etc 19-21 

Pauper  cases,  fees  subsequently  collected 843 

Paupers.     (See  Poor  litigants.) 

Pay  of  bailiffs,  etc.,  United  States  courts 559-580 

Bailiffs  and  criers 563-572 

Expenses  of  judges ^ 573,  574 

General  instructions  as  to 559-562 

Jury  commissioners 577-580 

Meals  and  lodging  for  jurors 575,  576 

Vouchers,  abstracts,  and  analyses — 

Abstracts  and  analyses 560-562 

Vouchers 560,  564,  574,  576,  580 

Pay  rolls  of  witnesses  before  commissioners 1024-1028 

Penalty  envelopes,  use  of,  by  commissioners 1048 

Penitentiaiies,  State: 

Accounts  of 543 

Report  of  commitments  to 541 

Pension  examiners,  witnesses  before •. 519 

Per  diems: 

Of  bailiffs  and  criers 563 

For  national  holidays 569  (b) 

Of  clerks ^ 883, 884 

Of  commissioners  for  hearing  and  deciding 1066-1069, 1064, 1029-1032 

Of  fee  deputies  for  attendance  before  commissioners 451-456 

Of  jurors 475-477 

Of  witnesses 490-497, 1018-1023 

Petitions: 

For  certiorari 749c 

In  bankruptcy,  fees  for  serving 444 

Pleadings,  approval  of 729 

Pleas  of  nolo  contendere 722 

Poor  convict,  discharge  of 1032a 

Poor  litigants: 

Bond  or  deposit  to  cover  costs 310-312 

Costs  of,  in  admiralty  cases 470 

Earnings  in  suits  by 263 

Fees  for  serving  process  for 435  (a),  443 

Oatli 310a,  843a,  909b 

Porterage : 

At  hotels  and  stations 409  (g),  670,  835 

On  sleeping  and  parlor  cars 409  (b),  669,  836 


INDEX.  233 

Possemen :                                                                                                                             Paragraph. 
Employment  of 238 

Deputies  acting  as,  while  accompanying  revenue  officers 417  (cf),  509  (c) 

Possession,  writ  of,  fees  for  serving 446 

Post-office  cases: 

Moneys  collected  by  clerks  in 934 

Report  of — 

By  clerks 776 

By  district  attorneys 737 

Powers : 

Of  attorney,  assignments,  transfers,  etc 599,  600 

Of  commissioners 1039 

Of  marshals 92 

" Practice "  not  "Recognized " 848 

Printing  briefs,  records,  court  calendars,  etc 696,  696  (a),  748e,  891-895 

Prisoners: 

Accounts  of,  in  State  institutions 543 

Chinese,  maintenance  of 550-552 

Compensation  of,  as  witnesses 508,  513, 1020-1022 

Delivery  of,  to  marshal's  successor 100 

Escape  of 408  (gr),  414,  434  (e),  435  (t),  W,  552  (/) 

Expenses  of  fee  deputies  to  get  possession  of 438 

Expenses  transporting 382-384,  387-389,  409  (d),  410-416,  437,  549 

Fees  for  committing  and  discharging 462-464 

Gratuities  of,  upon  discharge - 547 

Guards  for 382-386 

Mileage  transporting 427-433,  434  (e),  435  (6),  435  (/)-435  (k) 

Receipt  for  bodies  of 380  (/) ,  415 

Register  of following  page  75 

Reports  of  commitment  and  release  of 537-541 

Support  of 388,542-558 

Stop-over  allowance  incident  to  transporting 416 

Private  litigants  (see  Earnings  from  Individuals  and  Corporations) 253, 

260-263,  310-328,  813 

Prize  cases — compensation  of  clerks  in 780 

Proceeds  of  sale: 

In  pure-food  cases 395 

Of  Government  property 24,  25, 143, 146  (d) 

Process: 

Fees  for  serving,  for  poor  litigants 435  (a),  443 

Individual  record  of 265 

Service  of — 

Docketing,  delivering,  and  reporting  service  of  writs 211-214 

General  instructions  as  to 205-210 

Procedure  in  serving 215-218 

Reports  involving  property  interests  of  the  Government  and  collec- 
tions by  execution  or  otherwise  of  revenues  and  debts  due  the 

United  States 227-237 

Resistance  or  defiance  of  Federal  authority 238 

Summoning  jurors 219-225,  408  (d) 

Unserved :   100-102,113,131,206 


234  INDEX. 

Property:  -  Paragraph. 

Expenses  of  keeping,  attached  on  mesne  process 327,  355  (e),  390-397 

Expenses  of  keeping,  seized  in  pure-food  cases ' 395,  590 

Government: 

Records  of 22,  23 

Receipt  for  by  incoming  marshal 74 

Retiring  officials 97,  98,  951a 

sales  of 24,  25, 143, 146  (cO 

transfer  of,  from  rented  to  Federal  buildings 603,  604 

Public  moneys.     (See  also  "Moneys.") 

Duties  of  clerks  respecting 929-935,  948-951 

Fees  of  clerks  for  receiving,  keeping,  and  paying  out 860 

Publishing  notices 588-590 

In  customs  cases 450  (g) 

Pure-food  cases,  expense  of  advertising  and  keeping  property  seized  in 395,  590 


Railroad  tickets,  round  trip,  to  be  used 406,  666 

Receipts: 

By  incoming  marshals,  for  Government  property 74 

For  actual  expenses  of  witnesses 515 

For  bodies  of  prisoners 380  (/),  415 

For  deposits  made  to  secure  costs 312 

For  expenses  of  district  attorneys,  assistants,  and  clerks 665 

Of  clerks  for  marshals'  costs 313,  325 

Of  witnesses  for  funds  advanced 529 

Required  of  marshals  and  deputies 380, 381 

Receipts  and  disbursements,  weekly  reports  of 184-187 

Recognizances,  fees  of  clerks  for  taking,  etc 885,  886 

Record  books  for  clerks  (see  Books  and  records  of  clerks) 910-928 

Record  books  for  marshals  (see  Books  and  records  of  marshals) 239-266 

Record  of  proceedings  before  commissioners 1071 

Records: 

And  briefs,  printing  of 696,  696  (a),  748e,  891-895 

And  files,  of  district  attorneys 700,  701 

Copies  of,  in  cases  appealed 748b 

Court,  to  be  kept  at  place  of  holding  court 909 

Fees  of  clerks  for  making 887 

Fees  of  clerks  for  making  final 871-874 

Files  and  memorandum,  of  marshals 264-266 

Form  of,  in  cases  appealed 752 

Of  attendance  of  bailiffs  and  criers 266 

Of  Government  property 22,  23 

Of  service  of  process 265 

Printing  of,  in  cases  appealed 7t8b, c,  d,  o,  and  f 

Reference,  fees  of  commissioners  for  attending 1049, 1050 

Refunds  of  income-tax  deductions 195-197 

Registered  mail,  venires  served  by 221,  222 

Register  of  complaints 702,  703 

Register  of  United  States  prisoners followdng  pas-e   75 

Registry  funds 936-940 


INDEX.  235 

Paragraph. 

Regular  assistant  district  attorneys 631-637 

Appointment  of 631-634 

Attention  to  private  business 720 

Duties  of ^     ^32 

Expenses  of  travel  and  subsistence  of 659-676 

Leave  of  absence  of 27-33 

Oath  of  office  of 635 

Residence,  official 636 

Salary  of 329-345,631,632 

Term  of  office  of 637 


Of  vessels  in  admiralty  cases 468 

Reports  of  prisoners' 537-541 

Removal  proceedings: 

Fees  of  commissioners  in 1051, 1052 

Transcriptsin 1035,1036,1052 

Removal,  warrants  of,  fees  for  serving 449  (b) 

Rendition  and  approval  of  marshals'  accounts 269-276,  655 

Rented  buildings,  transfer  of  Government  property  from,  to  Federal  build- 
ings   603-616 

Rent  of  court  rooms,  bills  for 616 

Repairs  or  alterations  to  leased  quarters 614 

Replevin,  writ  of,  expenses  caring  for  property  seized  under 394 

Reporting  and  recording  deposits 152-155 

Reports: 

By  marshals,  as  to  collections  by  execution,  etc 227-237 

Of  property  transferred  from  rented  to  Federal  buildings 603 

Docket,  of  district  attorneys "08,  709 

Of  amounts  withheld  on  account  income  tax 200 

Of  appeals  in  United  States  cases 748 

Of  appointment,  etc.,  of  commissioners 896-898 

Of  appointment  of  fee  deputies 124 

Of  collections  made  by  clerks 935 

Of  commencemnet  of  suit 774 

Of  commitment  and  discharge  of  prisoners 537-541 

Of  decisions  in  United  States  cases 747a 

Of  deposits  of  registry  funds ^40 

Of  designation  of  commissioners  in  Chinese  cases 731 

Of  forfeited  recognizances  in  internal -re  venue  cases 777 

Of  funds  other  than  judiciary  and  income-tax  moneys 201-204 

Of  institution  of  civil  suits 733-742 

Of  official  funds 948-951 

Of  post-office  cases,  by  clerks 776 

Of  receipt  of  writs 212 

Of  resignations,  removals,  etc 111>  127,  637, 650,  897 

Of  service  of  writs 214 

On  abstracts  of  title 7-7 

On  applications  for  Executive  clemency - 757 

To  Department  of  Labor  in  Chinese  cases 550 

Weekly,  of  receipts  and  disbm-sements 184-187 

Requisitions : 

For  judiciary  funds 133-140 

For  suppUes 14-21 


236  INDEX. 

Residence,  official:  Paragraph. 

Of  clerka i 

Of  district  attorneys 1,  617,  622 

Of  marshals 1,  95,  96 

Of  regxilar  assistant  attorneys 636 

Resignations: 

Of  clerks  to  district  attorneys 650 

Of  commissioners,  reporting  of 897 

Of  fee  deputies 127 

Of  regular  assistant  attorneys 637 

Of  salaried  deputies Ill 

Retiring  marshals 97-102, 159, 172 

Retiring  clerks 951a 

Return: 

Fees  of  commissioners  for  entering 1046 

Upon  writs  of  execution 227-237 

Revision  by  Comptroller  of  settlement  of  accounts 300, 805, 1077, 1082-1087 

Round-trip  tickets  to  be  piu-chased 406,666 

Route,  shortest  usually  traveled 400, 478, 490,  668 

Rules  for  official  correspondence 2-4 

Rules  of  court,  copies  of 900 

S. 

Salaries: 

Abstracts  and  vouchers  for 330-335 

Computing  and  withholding 336-345 

General  instructions  as  to 329 

"  Salaries  and  expenses  of  district  attorneys,  United  States  courts": 

Abstracting  payments  under 335,  592 

Expenses  of  travel  and  subsistence  of  district  attorneys,  their  assistants, 

and  clerks 39,  659-676 

Office  expenses 8  (6),  346-348,  677 

Salaries 329-345 

"Salaries,  fees,  and  expenses  of  marshals.  United  States  courts": 

Abstract  of  vouchers 334,  358-360 

Compensation  of  fee  deputies A 417-471 

Expenses  of  travel  and  subsistence  of  marshals  and  salaried  deputies 39, 

398-416 

General  instructions  as  to 355-357 

Office  expenses 8  (c),  346-348 

Salaries 329-345 

Salaried  deputies: 

Appointed  to  serve  as  bailiffs 118, 119,  568 

Authorization  and  appointment  of 104-108, 114 

Compensation  of 119-122 

Duties  of 116-119 

Expenses  of  travel  and  subsistence 398-416 

Leave  of  absence  of 27-33 

Not  to  receive  pay  as  bailiff  or  crier 570  (c) 

Oath  of  office  of : 109, 110 

Salaries  of 329-345 

Termination  of  services  and  other  changes 111-115 

Sale: 

Of  old  materia],  etc 24,25,143,146  (d) 

Of  property  seized  under  pure  food  law 395 

Of  vessels,  etc.,  in  admiralty,  bill  of,  fee  for 469 


INDEX.  237 

Schedule:  Paragraph. 

By  clerks,  of  earnings  from  individuals  and  corporations 813 

Of  items  disapproved  by  court 274 

Scire  facias,  writ  of: 

Fees  for  serving - 450  (/) 

Duties  of  district  attorneys  as  to  issuance  of 710 

Seal: 

Fees  of  clerks  for  affixing 793, 857, 858,  888-890, 898 

Of  State  or  county  officers  to  affidavits  to  accounts 971,  972 

Required  of  commissioners 960, 961 

To  copies  of  orders  approving  accounts 273 

Seamen,  deceased  and  deserting,  wages,  etc.,  of 941 

Seamen,  etc.,  fees  and  expenses  of,  as  witnesses 505,  506 

Seamen's  wage  cases 909b 

Searches,  fees  of  clerks  for 890 

Search  warrants: 

Expenses  endeavoring  to  arrest  under 442 

Fees  and  expenses  in  executing 449  (e) 

Fees  of  commissioners  for  issuing. 996 

In  customs  cases 450  (d) 

Secret  Service  employees,  as  witnesses 500  (a) 

Seizures: 

Publishing  notices  of,  under  customs  laws 450  (g) 

Under  internal-revenue  laws 396, 397 

Under  pure  food  laws 395 

Sentences: 

Imposition  of,  in  naturalization  cases 726 

Suspended 723 

Service  fees,  of  fee  deputies 443-471 

Service  of  process  {see  Process) 205-238 

Services  and  supplies  for  court  rooms  and  offices  in  Federal  buildings 601,  602 

Set-offs  in  clerks'  accoimts 849 

Sick  leave 26-33 

Sheriffs,  etc.,  appointment  of,  as  deputies 126 

Signatures  by  cross  mark 381, 484, 1026 

Soldiers,  United  States,  as  witnesses 503 

Special  assistant  attorneys: 

Appointment  of 638,  639 

Compensation  of 641 

Duties  of 638,639 

Oath  of  office  of - 640 

Special -deposit  accounts,  income-tax  deductions 192-199 

Special  deputies 238,  355  (e) 

Special  examiners,  witnesses  before 520 

Special  juries,  how  returned 224 

Special  taxation  by  court,  of  extraordinary  expenses 353, 354 

State  fee  bills: 

As  to  jurors,  and  witnesses  in  condemnation  proceedings 474,  521 

Fees  charged  under 419 

In  admiralty  cases 466 

In  civil  cases 425 

Statement: 

By  commissioners  of  all  fees  and  costs  in  extradition  cases 1059 

Of  marshal's  fees  and  coste  in  extradition  cases 305 


238  INDEX. 

Paragraph. 

State  penitentiaries,  accounts  of 543 

State  practice,  commissioners  to  conform  to 999, 1053 

Stationery  and  miscellaneous  supplies: 

Blank  forms  and  dockets 18 

General  instructions  as  to 14-17 

Ink,  mucilage,  and  paste 19-21 

Stenographers: 

Authority  for,  to  accompany  judge 37 

Employed  by  commissioners 1054 

Forjudges 34-37,329-345 

In  extradition  cases 306, 1061 

To  report  proceedings 681-684 

Subpoenas: 

Duties  of  clerks  as  to  issuance  of 901-904 

Fees  and  jurisdiction  of  commissioners  in  issuing 1005-1009 

Fees  for  serving  in  civil  cases 434  (/),  435  (n) 

Fees  of  clerks  for  making  copies  of 861  (c) 

For  necessary  witnesses  only 713,  716 

Service  fees  for 457^61 

Ser\dce  of 215,  216 

Subsistence  (see  Lodging  and  subsistence) : 

At  home  of  marshal  or  deputy 408  (c) 

Expense  of,  at  official  headquarters 96,  402 

Substitutes: 

Employed  by  bailiffs  and  criers 570  (6) 

For  officers  serving  as  witnesses 502 

Suits  against  the  United  States,  duties  of  district  attorneys  as  to 743-746 

Siunmoning  jurors 219-225,  408  (e) 

Supervision  of  leased  buildings 611-613 

Supplemental  accounts  of  commissioners 970 

Supplemental  items  in  marshals'  accounts 282-285 

Supplies  for  court  rooms  and  offices  in  Federal  buildings 601,  602 

Supplies,  stationery,  and  miscellaneoiis 14-21 

Support  of  prisoners,  United  States  coiu-ts  (see  Prisoners) .^ 388,  542-558 

In  Chinese  cases 550-552 

Penitentiary  accounts 543 

Vouchers,  abstracts,  and  analyses 553-558 

Sureties: 

Duties  of  district  attorneys  as  to 711 

On  official  bonds 76,  77,  79,  81,  765,  770 

Surrender  of  defendants  by 435  (h),  1055 

Surrender  of  defendants  by  sureties 435  (h),  1055 

Suspended  sentences 723 

Suspensions  by  auditor  in  accounts: 

Of  clerks 805,  806 

Of  commissioners 1076-1081 

Of  marshals 300 

Symbol,  checking 158, 159, 194 

T. 

Talesmen,  how  returned 223 

Taxation  of  costs 725 

Tax,  income,  deductions 188-200 

Team  hire 380  (c),  405,  665,  671 


INDEX.  239 

Telegrams:  Paragraph. 

As  to  advances  to  witnesses 527, 531 

General  instructions  as  to 5-8 

Of  clerks 8(d),  829,  830 

Of  district  attorneys  and  marshals 8  (6),  (c),  346,  677 

Of  judges 8  (a),  582 

Relative  to  leave  of  absence,  not  official 8  (/) 

Reserving  rooms,  not  official 8  (g) 

Rules  for  sending 2-4 

Vouchers  for 9-12 

Telephone  messages,  long-distance: 

General  instructions  as  to 5-8 

Of  clerks 8  (d),  828 

Of  district  attorneys  and  marshals 8  (b),  (c),  346,  677 

Of  judges 8  (a),  582 

Vouchers  for 9-12 

Term  of  office: 

Of  clerks  to  district  attorneys 648,  649 

Of  commissioners 953 

Of  district  attorneys 623 

Of  fee  deputies 129-131 

Of  marshals 89,  90 

Of  regular  assistant  district  attorneys ] 637 

Of  salaried  deputies 111-115 

Territorial  officers: 

Certificate  of,  to  accompany  vouchers 341 

Salary  of,  when  absent 340,  628 

Testimony,  fees  of  commissioners  for  reducing  to  writing 1056 

Tips  to  waiters  and  expressmen 403, 409  (g),  670,  835 

Titles  to  sites  for  public  buildings: 

Abstracts  of 697-699 

Duties  of  district  attorneys  in  procuring 630, 727 

Transcript  of  record,  on  appeal  to  Supreme  Court 749  (6),  752 

Transcripts: 

Fees  of  commissioners  for , 1033-1036, 1070 

In  removal  proceedings 1035, 1036, 1052 

Transfer  of  Government  property  from  rented  to  Federal  buildings 603,  604 

Transfers  and  assignments  of  claims 599,  600 

Transporting  convicts 411-416 

Transporting  prisoners.     (See  Prisoners.) 

Travel  to  attend  court,  mileage  of  clerks  for 798,  811 ,  877,  878 

Travel  and  subsistence.     (See  Expenses.) 

Treaties,  extradition: 

Obligations  imposed  on  United  States  by 67-69 

Where  found 44 

Tj'jiewriters,  etc.,  exchange  of 825 

U. 

Unexpended  balances 146, 153  (a) 

United  States  attorneys.     (See  District  attorneys.) 

United  States  cases,  appeals  in,  duties  of  district  attorneys  as  to 747-756 

United  States  commissioners.     (See  Commissioners,  United  States.) 

United  States  funds  book 241-248,  255 


240  INDEX. 

United  States  marshals.     {See  Marshals.)  Paragraph. 

United  States  prisoners 536 

Unserved  process,  duties  of  marshals  and  deputies  concerning. .  100-102, 113, 131,  206 

V. 

Vacancy: 

Filled  by  recess  appointment 342,  343 

In  office  of  clerk 1 

In  office  of  clerk  to  district  attorneys 649,  650 

In  office  of  district  attorney 1,  624,  627 

In  office  of  marshal 1,  91 

Vehicles,  etc.: 

Hire  of 380  (c),  405,  665,  671,  834 

Use  of  own  as  means  of  conveyance 408  (/),  667 

Venires: 

Expenses  to  serve 408  (d) 

Services,  fees  for 457-461 

To  be  served  by  registered  mail,  when 221,  222 

Vouchers: 

For  expenses  of  printing  briefs,  records,  court  calenders,  etc 895 

For  expenses  of  transporting  convicts 412 

For  experts  and  other  special  employees 693-695 

For  extraordinary  expenses 352 

For  fees  and  expenses  of  marshals  and  deputies 362-374,  386,  398,  418,  457 

,  For  fees  of  jurors 481-485 

For  interpreters 688 

For  miscellaneous  expenses 584 

For  office  expenses  of  clerks 826,  827 

For  pay  of  baiUffs,  etc 560,564,574,576,580 

For  payment  of  salaries 330-333 

For  rent  of  court  rooms 616 

For  reporting  support  of  prisoners 553-556 

For  stenographers  to  report  proceedings 684 

For  telegrams  and  long-distance  telephone  messages 9-12 

For  traveling  expenses  of  clerks  to  district  attorneys 675 

For  traveling  expenses  of  district  attorneys  and  their  assistante 660 

Not  to  be  folded 288 

Of  payments  to  intestate  decedents 301 

Of  supplemental  items 282-285 

.    Of  witnesses 514-517, 1024-1028 

W. 

Wages,  etc.,  of  deceased  and  deserting  seamen 941 

Warrant  of  removal,  fees  for  serving 449  (6) 

Warrants: 

Arrests  without 409  (d) 

Fees  of  commissioners  for  issuing 981-983.  985-996 

In  certain  extradition  cases 1063 

In  Chinese-exclusion  cases 1065 

In  extradition  cases 55,  309 

In  internal-revenue  cases 450  (c),  981-983,  995 

Mileage  incident  to  service  of 425-435 

Of  removal,  fees  for  serving 449  (6) 

Search.     {See  Search  warrants.) 

Service  fees  for 207,  209,  446-450- 


INDEX.  241 

Paragraph. 

Weekly  reports  of  receipts  and  disbursements 184-187 

Witness  docket  of  district  attorneys 702,  707 

Witnesses: 

Actual  expense 489,497-504,1027,1028 

Advances  to 183,  248,  526-535 

Aliens  ordered  deported  as 511-513 

Bailiffs  as 572 

Before  commissioners 507,  518, 1005-1028 

Advances  to 533 

Before  justices  of  the  peace,  special  examiners,  etc 519,  520 

Commissioners'  pay  rolls  of 1024-1028 

Petained - 508-513,  544,  546, 1020 

Duties  of  district  attorneys  concerning 713-716 

Expenses  endeavoring  to  serve  attachment  on 441 

Experts  as ^^^ 

Fees  for  serving  subpoenas  on 457-^61 

Fees  for  serving  attachment  on 449  (/),  450  (e) 

Fees  of  clerks  for  administering  oaths  to 796 

Fees  of  commissioners  incident  to  services  of 1005-1028 

Fees  of,  in  certain  States 491 

Government  officers  as 489,497-504,1027,1028 

In  Chinese-exclusion  cases 1012, 1018 

In  condemnation  proceedings 521 

In  customs  cases 524 

mieage  and  per  diems  of 490-497, 1007, 1017-1023 

Miscellaneous  matters  concerning 519-525 

Officers  of  United  States  courts  as,  when  officiating 495 

Prisoners  as,  fees  of 509,1020-1022 

Signatures  of,  by  cross  mark 484, 1026 

Special  compensation  of 522 

Special  provisions  as  to  seamen,  et  al 505,  506 

Substitutes  for  officers  serving  as 502 

United  States  soldiers  as 503 

Writs: 

Copies  of,  how  made 210 

Distribution  of,  for  service 212,  213 

Docketing 252 

Duty  of  clerks  as  to  sending,  to  marshal  or  deputy 211,  899 

Duty  of  commissioners  as  to  disposition  of 211, 1040 

Of  error,  in  United  States  cases 747-756 

Report  of  service  of 214 

Report  of  receipt  of 212 

o 

895—16 16 


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